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2004 Supreme(Ker) 604

K.S.RADHAKRISHNAN, N.M.KRISHNAN
National Thermal Power Corporation Ltd – Appellant
Versus
Raghul Constructions Pvt. Ltd. – Respondent


Judgment :-

Radhakrishnan, J.

National Thermal Power Corporation Limited, in short “the NTPC”, have come up with these writ petitions aggrieved by the order passed by the learned single judge under Section 11(6) of the Arbitration and Conciliation Act, 1996 appointing a former Chief Justice of this court as the arbitrator in respect of an arbitration dispute.

2. The NTPC had awarded the contract to the respondent and an agreement was entered into on agreement, both the petitioner and respondent are bound by the special conditions of the contract and general conditions of the contract. Condition No.56 is the arbitration agreement between the parties, which is extracted below for easy reference.

“Except where otherwise provided for in the Contract all questions and disputes relating to the meaning of the specifications, decisions drawing and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs drawings specifications, estimates, instructions, orders or these conditions or otherwise concerning the works; or
























































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