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2023 Supreme(Del) 162

NEENA BANSAL KRISHNA
Progressive Infotech Private Limited – Appellant
Versus
IRCON International Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr. Amit Goel, Advocate
For the Respondent:Mr. Chandan Kumar and Ms. Kirti Atri, Advocates.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. The present petition under Section 14 read with Section 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “A&C Act, 1996”) has been filed by the petitioner for removal of Ld. Arbitrator and appointment in lieu thereof.

2. Facts in brief are that the petitioner, engaged in the business of providing IT infrastructure services and systems integration, was awarded a Tender by the respondent vide Purchase Order no. IRCON/IT/PUR./SAKET/THIN CLIENT/92 dated 11.04.2007 for supply, installation, testing commissioning and maintenance of hardware and system software for 64 bit UNIX/64bit LINUX based thin client solution and its associated servers, storage and backup Solution at the Respondent’s Corporate Office at Saket, New Delhi. A Contract dated 15.05.2007 was accordingly executed between the petitioner and the respondent. The total value of the Purchase Order was 1,11,34,350/- out of which 10% of the amount was to be released on successful completion and commissioning of the project.

3. It is submitted that the Solution was accepted on 31.03.2008 vide the Petitioner’s Letter dated 25.03.2008 and Milestone-II payment linked to a

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