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2023 Supreme(Del) 1179

CHANDRA DHARI SINGH
Mubarak Overseas Private Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Jai Sahai Endlaw, Mr. Gaurav Aggarwal and Ms. Mahima Misra, Advocates, for the Petitioner.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates, for the UOI.
Mr. Saubhagya Chauriha, Advocate, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant petition under Section 11(6)(C) read with Section 43(4) of the Arbitration and Conciliation Act, 1996 (hereinafter "The Act, 1996"), has been filed on behalf of petitioner seeking the following relief:

    "1. Appoint a sole arbitrator to adjudicate upon the disputes between the parties in terms of the above noted agreement (RFP) dated 13.06.2017..."

2. Learned counsel for the petitioner submitted that the present petition arose as a result of setting aside the Arbitral Award dated 31st October 2021 passed by Dr. Padmini Singh, the Learned Sole Arbitrator, whereby she was pleased to dismiss the claim of the petitioner and allow the counter-claim of the respondent without any evidence being led by the respondent in support of losses which they suffered, by learned District Judge(Commercial Court)-02, Patiala House Courts, New Delhi vide Order dated 28th September 2022. It is further submitted that the issue now remains unresolved and inconclusive and the requirement of another Arbitral Tribunal has arisen to adjudicate the disputes between the parties.

3. Learned counsel for the petitioner further submitted that the RFP bearing no. 62501

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