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2021 Supreme(Guj) 267

BELA M.TRIVEDI
RSPL Limited Through Shri Harish Ramchandani Assistant IVE President – Appellant
Versus
Simplex Infrastructure Ltd – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr Kamal Trivedi, Senior Advocate For Mr Abhishek M Mehta
For the Respondent:Mr Ritin Rai, Senior Advocate With Mr Samrat Sengupta For P M Buch

JUDGMENT :

1. The moot question that falls for consideration before this Court is :

Whether the appointment of the Sole Arbitrator made by the PHD Chamber of Commerce and Industry, (PHDCCI) in the unilateral proceedings initiated by the respondent is exfacie invalid and nonest so as to warrant interference by this Court, requiring an appointment of a Sole Arbitrator under the provisions contained in Section 11(6) of the Arbitration and Conciliation Act?

2. The factual conspectus as emerging from the pleadings of the parties is as under:

Serial No.

Date

Event

1.

02.02.2016

A letter of intent was issued by the petitioner to the respondent. The LoI specified that it would be followed by a Contract Agreement specifying the detailed terms and conditions of the contract.

2.

25.04.2016

A work order was issued by the petitioner to the respondent. The work order specified that it was accompanied by a service agreement dated 25.04.2016. It contained terms and conditions as to payment, delivery, initial security deposit, retention money deposit,

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