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DELHI HIGH COURT
VIBHU BAKHRU
Jyoti Sarup Mittal – Appellant
Versus
Executive Engineer-XXIII, South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. factual background of the arbitration case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. arguments regarding the arbitration agreement and limitations. (Para 15 , 16 , 17 , 18) |
| 3. court's analysis on arbitration agreement validity. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. decision to appoint an arbitrator. (Para 37 , 38 , 39) |
| 5. scheduling the next hearing date. (Para 40) |
JUDGMENT
Vibhu Bakhru, J. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter the `A&C Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with the agreement dated 21.11.2006 (hereinafter `the Agreement') entered into by the petitioner with the respondent (hereinafter `SDMC') for executing the works relating to "Improvement to Drainage System and Roads Ready Mix Concrete in Ward No. C-47 & 48 in the West Zone" falling under the Executive Engineer-XXIII, MC Primary School, 10 Block, Subhash Nagar, New Delhi-110027.
2. In terms of the Agreement, SDMC awarded the contract for e
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