SACHIN DATTA
Subhash Infraengineers Pvt. Ltd. – Appellant
Versus
NTPC Ltd. – Respondent
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:—
7.1 Mutual Consultation
If any dispute of any kind whatsoever shall arise between the Employer and the Contractor in connection w
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