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2022 Supreme(Del) 2193

MINI PUSHKARNA
Gangotri Enterprises Ltd. – Appellant
Versus
General Manager Northern Railaways – Respondent


Advocate Appeared:
For the Appellant :Mr. Sarthak Chiller and Mr. Sanjeev Mahajan, Advocates
For the Respondent:Ms. Pratima N. Lakra, CGSC with Ms. Vrinda Baheti, Advocates, Mr. Sushil Raaja, SPC, UOI for GM

JUDGMENT :

MINI PUSHKARNA, J.

1. The aforesaid petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘Act’) with prayer for appointment of nominee arbitrator for the respondent, who along with the nominee of the petitioner appointed vide notice dated 25.06.2020, would appoint a presiding Arbitrator and the said Arbitral Tribunal so constituted would adjudicate upon the disputes that have arisen between the parties under the Agreement.

2. The parties entered into Contract Agreements on different dates for execution of various works as awarded to the petitioner by the respondent.

3. In ARB.P. 366/2020, contract between the parties dated 14.01.2009 was for work of ‘additional works such as construction of boundary wall/retaining wall, circulating area, entry road, service road, RCC Box Bridge and other allied works in connection with development of new passenger terminal at Anand Vihar’, for an amount of Rs.17,70,25,337.94/-.

4. In ARB.P. 367/2020, contract between the parties dated 15.10.2007 was for work of ‘Earthwork in fil

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