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2023 Supreme(Del) 192

CHANDRA DHARI SINGH
METCON INDIA REALTY AND INFRASTRUCTURE PVT. LTD. – Appellant
Versus
DELHI METRO RAIL CORPORATION LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ankur Sood.
For the Respondents: V.S.R. Krishna, V. Shashank Kumar.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant petition has been filed by the Petitioner seeking the appointment of an independent Arbitral Tribunal under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) and has inter-alia prayed for the following reliefs:

    “(a) Appoint the Arbitral Tribunal under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes between the Petitioner and Respondent.

(b) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

FACTUAL MATRIX

2. The Petitioner is a firm engaged in civil contracting, land and property development, and real estate sectors. The Respondent is a Centre-State Joint Venture responsible for operating the Delhi Metro and the scope of its work involves planning and implementation of metro rail, monorail, and high-speed rail projects in India and abroad.

3. The Petitioner, on 08.09.2015, submitted its bid for Contract CC-95, pertaining to the construction of the viaduct, and roof portal along with finishing the work for the automatic walk-a-way/travelators at Dhaula Kuan and Rajouri Garden Interchan

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