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2024 Supreme(Del) 505

DINESH KUMAR SHARMA
Kalyan Toll Infrastructure Ltd – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Charu Sangwan, Mr. Parth Jain, Mr. Shubham D., Advocates, for the Petitioner; Mr. Sandeep Kumar Mohapatra, CGSC with Mr. Tribhuvan, Mr. Harsh Raj, Mr. Raghav Tandon, Advocates, for the Respondent.

JUDGMENT

Dinesh Kumar Sharma, J. - By way of the present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the "A&C Act") the petitioner seeks the appointment of an independent sole arbitrator to adjudicate the disputes interse arising between the parties pertaining to the Contract dated 30.10.2015.

2. Briefly stated the facts of the case are that respondent no.2 awarded a contract bearing no. DGMAP/PHASE-II/MHOW/PKG-13(R&C) of 2015-16 to the petitioner to complete the balance construction works of the residential accommodation at Military Headquarters of War (hereinafter referred to as MHOW) valued at 1,63,03,53,010 for which petitioner also furnished a Performance Bank Guarantee to the tune of Rs. 8,15,18,000/- in favor of the respondent no.2.

3. Consequently, the petitioner informed about the various hindrances to respondent No. 5/Project Manager Married Accommodation Project (MAP) for carrying out the work of construction of the residential accommodation at MHOW through various letters.

4. Pursuant to which on 30.05.2019, the petitioner complet

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