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2023 Supreme(Del) 1756

PRATEEK JALAN
B. L. Kashyap And Sons Ltd. – Appellant
Versus
Mist Avenue Private Ltd. – Respondent


Advocates appeared:
Mr. Ashish Dholakia, Senior Advocate with Mr. Gautam Bajaj, Mr. Akash Panwar, Mr. Rohan Chawla & Mr. Arpit Singh, Advocates, for the Petitioner.
Mr. Anil Kr. Airi, Senior Advocate with Mr. Ravi Krishan Chandna, Ms. Sadhana Sharma, Mr. Mudit Ruhella & Mr. Aman Dahiya, Advocates, for the Respondents.

JUDGMENT

1. By way of the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], the petitioner seeks setting aside of an award dated 07.01.2019, rendered by a learned sole arbitrator in disputes raised by the petitioner under an undated Construction Contract entered into between the parties in August, 20141[The copy of the agreement placed on record states that it was executed in August 2014, but the pleadings and the impugned award give the date as November, 2014.] [hereinafter, "the 2014 Contract"].

Facts

2. The 2014 Contract was for civil and structural works for a project known as "MIST" situated in Sector 143B, Noida, Uttar Pradesh. The estimated value of the contract was approximately Rs.229 crores, which was to be executed on a Bill of Quantities [hereinafter, "BOQ"]/item rate basis. It contained an arbitration clause [Clause 20], which reads as follows:

    "20. ARBITRATION & DISPUTE RESOLUTION:

    The Owner and the Contractor shall make all possible efforts to amicably sort out and resolve all matters of disputes and differences, which might directly or indirectly arise under, out of, in connection with, or in relation to this A

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