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2023 Supreme(Del) 4875

SACHIN DATTA
Ranjit Construction Company – Appellant
Versus
Gujarat State Road & Building Department – Respondent


Advocates appeared:
Mr. Subhash Chawla, Advocate, for the Petitioner.
Ms. Ripin Sood, Advocate, for the Respondents.

JUDGMENT

Sachin Datta, J. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (the "A&C Act") seeks appointment of an independent sole arbitrator to adjudicate the dispute between the parties.

2. The disputes between the parties have arisen in the context of a tender process initiated by the respondents for work of "Strengthening of Km. 572/000 to 609/000 (Tarsada-Kanja-Vyara-Kapura Section) of N.H.-56 in the State of Gujarat on EPC Mode". The petitioner submitted its bid for the work on 25.05.2021. The bid of the petitioner was found to be lowest and it was issued a Letter of Intent dated 03.07.2021. The petitioner was thereafter called upon to furnish Security Deposit and Performance Bond. The petitioner complied with the said requirements and the said work was consequently awarded in favour of the petitioner vide work order dated 02.08.2021. The stipulated period of completion of the work was nine months from the date of the work order and thus the work was required to be completed on or before 01.05.2022. The said work could not be completed within the stipulated time period. Consequently, certain disputes have arisen between the parties.

3. Art

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