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DELHI HIGH COURT
C.HARI SHANKAR
JMC Projects (India) Ltd. – Appellant
Versus
Indure Private Limited – Respondent


JUDGMENT(Oral)

(Video-conferencing)

1. This petition has been preferred under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), seeking a declaration that the mandate of the learned Arbitrator, presently arbitrating on the dispute between the petitioner and the respondent, stands terminated under Section 14 (1) (a) of the 1996 Act, and to appoint a substitute arbitrator, in his place, to continue with the said arbitral proceedings and render award therein.

2. Given the nature of the controversy, any detailed reference to the dispute between the parties would be unnecessary, and a brief allusion would suffice.

3. The disputes between the parties emanate from a work order, dated 6th September, 2011, awarded by the respondent to the petitioner. The work order contained General Conditions of Contract (hereinafter referred to as "GCC"), Clause 14 of which contemplated resolution of disputes, relating to the contract, by arbitration, and read thus:

    "14. Arbitration

    Where any dispute is not resolved as provided for in the clause 13.5 then the following provisions shall apply:

    a) The dispute shall be referred to arbitration at the r

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