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2023 Supreme(Del) 2015

NAVIN CHAWLA
Oasis Projects Ltd. – Appellant
Versus
Managing Director, National Highway And Infrastructure Development Corporation Limited – Respondent


Advocates appeared:
Mr. Bharat Chugh & Mr. Siddharth Shiva Kumar, Advocates, for the Petitioner.
Mr. Debal Kumar Banerjee, Senior Advocate with Mr. Dharmender Verma & Mr. Vishal Singh, Advocates, for the Respondent.

JUDGMENT

Navin Chawla, J.

1. This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the "Balance work for Four-Laning of NH-39 Dimapur-Kohima Road from Design 152.490 to Km. 166.700 (Existing Km 156.000 to Km. 172.900), in the State of Nagaland under SARDP-NE through an Engineering, Procurement and Construction (EPC) Contract (Package -III)" (hereinafter referred to as the "Contract").

2. The Arbitration Agreement between the parties is contained in Article 26 of the Agreement, which is reproduced hereinunder:

"Article 26

Dispute Resolution

    26.1 Dispute Resolution

    (i) Any dispute, difference or controversy of whatever nature howsoever arising under or out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the "Dispute") shall, in the first instance, be attempted to be resolved amicably in accordance with the conciliation procedure set forth in Clause 26.2.

    (ii) The Parties agree to use their

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