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2023 Supreme(Del) 3409

CHANDRA DHARI SINGH
Union of India – Appellant
Versus
J & S Construction – Respondent


Advocates appeared:
Ms.Nidhi Banga, Senior Panel Counsel with Mr.Nishant Kumar, Advocate, for the Petitioner.
Mr. S.W. Haider and Ms. Pooja Dua, Advocates, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J. The present petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as `the Act') has been filed by the petitioner seeking the following prayers:

    "In premise of the submissions made herein above, it is most respectfully prayed:

    a. That this Hon'ble Court may kindly be pleased to call for the records of the arbitration case between the parties from the Ld. Sole Arbitrator;

    b. That this Hon'ble Court may also be pleased to set aside the impugned Award dated 07.10.2019 passed by the Sole Arbitrator;

    Pass such order or further orders that the Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favour of the petitioner in interest of justice."

FACTUAL MATRIX

2. The present petition is filed under Section 34 of the Act challenging the Arbitral Award dated 7th October, 2019 (hereinafter referred as `Impugned Award') passed by the learned Arbitral Tribunal in the matter titled as M/s J.S. Constructions v. Union of India.

3. The petitioner is Railway Organization which is a part of Union of India. M/s J&S Construction (claimant/respondent) is engaged in the business of undertaking railway con

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