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DELHI HIGH COURT
V.KAMESWAR RAO
BVSR-KVR (Joint Ventures) – Appellant
Versus
Rail Vikas Nigam Ltd. – Respondent
| Table of Content |
|---|
| 1. facts and procedural background of the arbitration request. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. petitioner's arguments regarding tribunal's constitution. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. court’s analysis of respondent's objections and legal framework. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. appointment of an independent arbitrator. (Para 35) |
JUDGMENT
V. Kameswar Rao, J. The present petition has been filed by the petitioner under Section 11 (6) of the Arbitration & Conciliation Act, 1996 ("Act", for short), with the following prayers:
"It is most respectfully prayed that this Hon'ble Court may be pleased to:
(i) appoint an independent and impartial arbitrator preferably a retired judge of the High Court, as may deem fit, to adjudicate the disputes between the Petitioner and the Respondent;
(ii) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. The petitioner is a Joint Venture comprising of M/s BVR Constructions Pvt. Ltd. (Lead Partner) and M/s K. Venkata Raju Engineers & Contractors (Joint Partner) registered under the
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