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C. HARI SHANKAR
Larsen and Toubro Limited – Appellant
Versus
Punatsangchhu-1 Hydroelectric Project Authority – Respondent
(Video-Conferencing)
1. This petition, at the instance of the petitioner M/s. Larsen and Toubro Limited, calls on this Court, to appoint an arbitrator on behalf of the respondent Punatsangchhu-1 Hydroelectric Project Authority, so that the arbitrator appointed by the petitioner, and the arbitrator thus appointed by this Court on behalf of the respondent, could appoint a presiding arbitrator, and the Arbitral Tribunal, so constituted, could proceed to arbitrate on the dispute between the parties.
2. Mr. Bharat Singh, learned counsel for the respondent, very fairly states that his client does not question the existence of an arbitrable dispute between the parties, or the necessity to refer the dispute to arbitration. He, however, submits that the petition is not maintainable before this Court, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), but that the petitioner would have to approach the High Court of Thimpu, Bhutan.
3. A fasciculus of the dispute. A contract was executed between the petitioner and the respondent on 14th April, 2009. The respondent was required by the contract, to execute work relating to
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