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DELHI HIGH COURT
C.HARI SHANKAR
Pushkarraj Construction Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background and contract execution (Para 1 , 2 , 3 , 4) |
| 2. request for arbitrator appointment (Para 5) |
| 3. legal impossibility of respondent appointing arbitrator (Para 6) |
| 4. court's responsibility and claims acknowledgment (Para 7 , 8 , 12) |
| 5. appointment of arbitrator and case conclusion (Para 9 , 10 , 11 , 13) |
ORDER
(Video-Conferencing)
1. This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 (`the 1996 Act') for appointment of an arbitrator to arbitrate on the disputes between the parties.
2. Consequent to acceptance of the bid of the petitioner, a contract was executed between the petitioner and the respondent for construction of residential accommodations at Mamun, Punjab, Damtal, Himachal Pradesh and Basoli, Jammu & Kashmir. Clause 60 of the General Conditions of Contract (GCC) provided for resolution of disputes by arbitration. It reads thus:
"60. Arbitration.
All disputes between the parties to the contract (other than those for which the decision of the DG MAP or any other person is by the contract expressed to be final and binding) shall, after written notice by either party to the contract to the other of them, be referr
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