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2021 Supreme(Del) 2453

SANJEEV NARULA
Cmm Infraprojects Ltd. – Appellant
Versus
Ircon International Ltd. – Respondent


Advocates appeared:
Mr. Sachin Chopra, Mr. Daksh Arora and Mr. Karan Babuta, Advocates, for the Petitioner.
Mr. Debarshi Bhadra, Advocate, for the Respondent.

JUDGMENT

[VIA VIDEO CONFERENCING]

Sanjeev Narula, J. (Oral)

1. The file is taken up today, as Friday, the 20th August, 2021 was declared as a public holiday on account of `Muharram'.

2. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (in short `the Act') seeks appointment of Respondent's Arbitrator as well as the presiding Arbitrator to adjudicate disputes between the parties arising out of and in relation to the contract dated 30th March, 2015 which came into existence as a result of the tender for "Construction of Warm Shell structure for Office Blocks and Auditorium at Plot No.16, Sector-32, Gurgaon (Haryana)" (in short `the tender') issued by the Respondent.

Brief Facts

3. The relevant facts to be noted for disposing of the present petition, as set out in the petition are as follows:

3.1. The Respondent invited bids for the tender. The bid of the Petitioner was accepted on 19th February, 2015 and a contract dated 30th March, 2015 was executed.

3.2. The awarded work could not be completed within the stipulated period of 18 months. Disputes and differences arose between the Petitioner and the Respondent. The Petitioner attempted to settle dispu















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