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2023 Supreme(Del) 2058

PRATEEK JALAN
Gupta Bros India – Appellant
Versus
Press Trust of India Limited – Respondent


Advocates appeared:
Mr. S.K. Maniktala, Mr. Udit Maniktala, Mr. Jatin Kumar, Mr. Kritik & Ms. Reshma, Advocates, for the Gupta Bros India.
Mr. Abhik Kumar, Ms. Shweta Kapoor & Mr. Aslam Ahmed, Advocates, for The Press Trust of India Limited.

JUDGMENT

Prateek Jalan, J. (Oral)--These two petitions arise out of arbitration proceedings which are in progress between the parties under a Contract Agreement dated 07.07.2014 [hereinafter, "the Contract"] by which The Press Trust of India Limited [hereinafter, "PTI"] entrusted M/s Gupta Bros. (India) [hereinafter, "GBI"] with civil works at its office building in Jaipur.

2. GBI has filed O.M.P.(T)(COMM.) 92/2022 for termination of the mandate of the learned sole arbitrator and PTI has filed O.M.P.(MSIC.) 16/2022 for extension of the mandate. As the result of each petition is thus dependent on the result of the other, the petitions have been heard together and are disposed of by a common judgment.

O.M.P.(T)(COMM.) 92/2022

3. The Contract contains an arbitration clause [Clause 82.1]. The relevant part of the arbitration clause reads as follows:

    "82.1 Settlement of Disputes by Arbitration (other than mentioned in 82.2 below:

    Except where otherwise provided in the CONTRACT any question, dispute or difference that shall arise between OWNER on the one hand and the CONTRACTOR on the other hand as to the construction, intent, meaning or effect or the CONTRACT DOCUMENTS, drawings, specific

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