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2023 Supreme(Del) 685

SACHIN DATTA
Subhash Infraengineers Pvt. Ltd. – Appellant
Versus
NTPC Ltd. – Respondent


Advocates Appeared:
Mr. Brijesh Kumar Goel and Mr. Sajat Goel, Advs.
Mr. Puneet Taneja and Ms. Laxmi Kumari, Advs.

JUDGMENT :

(Sachin Datta, J.) :—

1. The present petition filed under Section 11 of the Arbitration & Conciliation Act, 1996, [“the Act”] seeks appointment of a sole arbitrator to adjudicate the disputes between the parties.

2. The disputes between the parties have arisen in the context of a Letter of Award in the form of Purchase Order dated 17.10.2019 for works relating to “Starter Ash Dyke package For Barauni Thermal Power Project (2 × 250MW)”.

3. The said Letter of Award was followed by a Contract Agreement dated 31.10.2019. Various disputes are stated to have arisen between the parties in the context of the said contract including, inter alia, on account of the alleged non-handing over of the work fronts and reimbursement of recurring overhead expenses stated to have been incurred by the petitioner.

4. Admittedly, the applicable General Conditions of Contract, [“GCC”] include an arbitration clause which is in the following terms:—

    “7. Settlement of Disputes

7.1 Mutual Consultation

If any dispute of any kind whatsoever shall arise between the Employer and the Contractor in connection w

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