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2024 Supreme(Del) 113

DINESH KUMAR SHARMA
R. S. Khanna And Sons – Appellant
Versus
Rites Ltd. Through Its Executive Director – Respondent


Advocates appeared:
Ms. Shantha Devi Raman, Mr. Rachit Gupta, Ms. Rajasree and Mr. Mayank Yadav, Advocates, for the Petitioner.
Mr. G.S. Chaturvedi, Mr. Ashok Kumar Chaudhary, Advocates, for the Respondent-1.
Mr. SudhirNangrajog, Senior Advocate (VC), Mr. Anurag DayalMathur, Advocate, for the Respondent-2.

JUDGMENT

Dinesh Kumar Sharma, J. - By way of the present petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the `A&C Act`), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes between the parties.

2. The petition has been filed against Respondent No.1/RITES Ltd. and Respondent No.2/Ramjas College, an educational institute affiliated with the University of Delhi. The petitioner stated that Respondent No.1 having been hired by Respondent No.2 invited to tender for construction work of renovation and upgradation of the Auditorium in the campus of Respondent No.2, at University Enclave, Delhi. The petitioner was declared as successful bidder and pursuant thereto entered into a contract with Respondent No.1 on 29.04.2016 through Agreement No. RITES/CP/TC/Ramjas/Auditorium/2015 for a contract value of Rs.2,46,34,549.41/-. The LOA was issued on 29.12.2015 with the stipulated start on 14.01.2016 and completion by 08.09.2016. However, the work was actually completed on 19.04.2018.

3. It has been stated that the work was delayed on account of various reasons such as not providin

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