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2023 Supreme(Del) 3667

MANOJ KUMAR OHRI
Bcc-monalisha (jv) – Appellant
Versus
Container Corporation of India Limited – Respondent


Advocates appeared:
Mr. Sidhant Dwibedi, Advocate, for the Petitioner.
Mr. R.K. Joshi and Mr. Ojusya Joshi, Advocates, for the Respondent.

JUDGMENT

1. By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter, `the A&C Act'), the Petitioner seeks appointment of an Arbitral Tribunal.

2. Brief facts of the case are as follows. Petitioner participated in the tender process floated by the Respondent for `Earthwork, Construction of CC, Block Pavement Approach Road, P-Way Track Work, Boundary Wall Pre-Engineered Warehouses, Admin. Building and Other Allied works for development of MMLP At-Jaipur Road, Jaipur, Odisha', wherein it was declared as the `lowest technically successful bidder'. Pursuant to the same, an agreement bearing No. CON/EP/MMLP Jaipur/Civil & Electrical Works/2018 (hereafter, `the Agreement') dated 15.04.2019 was entered into between the parties. Besides the said agreement, the contract was governed by the General Conditions of Contract (hereafter, `the `GCC').

3. Arbitration Agreement between the parties is embodied in Clause 64 of the GCC, and the present petition has been filed for appointment of Arbitral Tribunal in terms thereof.

4. The underlying dispute pertains to termination of Agreement by the Respondent through two letters dated 21.07.2021

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