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2023 Supreme(Del) 1058

CHANDRA DHARI SINGH
Kuldeep Kumar Contractor – Appellant
Versus
Hindustan Prefab Limited – Respondent


Advocates appeared:
Mr. Aditya Dhawan and Ms. Kiran Dhawan, Advocates, for the Petitioner.
Mr.Varun Nischal, Mr.Vaibhav Mishra, Advocates with Mr. Mukesh Kumar (Legal In-charge), for the Respondent.

JUDGMENT

Chandra Dhari Singh, J.

1. The instant petition has been filed on behalf of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act, 1996") seeking the appointment of a sole Arbitrator and inter alia praying as under:

    "a. appoint an independent and impartial Sole Arbitrator, in terms of the Dispute Resolution clause, as contained in the contract-Agreement and the provisions of the Arbitration and Conciliation Act, 1996; so as to adjudicate the disputes which have arisen between the parties to the present petition;

    b. grant costs of this application; and/or

    c. Pass such further order/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioners and against the respondents." Factual Matrix

2. The petitioner is a partnership firm having its registered office at shop No. 452, 1st Floor, New Grain Market, Karnal, Haryana-132001. The petitioner is a listed Class-1/(A) 'Contractor., primarily dealing with civil construction works, with Government departments. The respondent is a company incorporated under the Companies Act, 1956, having its regist

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