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2015 Supreme(Raj) 1774

BELA M.TRIVEDI
MBL Infrastructures Limited – Appellant
Versus
North Western Railway – Respondent


For the Applicants:Ms. Anusya Salwan with Mr. Shashank Sharma and Mr. Archit Pandey, Advocates.
For the Respondent:Mr. P.C. Sharma, Advocate.

JUDGMENT

1. - The present arbitration application has been filed by the applicant seeking appointment of an independent Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act").

2. The short facts necessary for the purpose of deciding the present application are that the applicant was awarded the contract pursuant to the tender invited by the respondent in respect of the residual composite work for the construction of 36 units type IV and 36 units type V quarters in multi-storied towers for North Western Railway Officers Colony, in connection with setting up of the North Western Railway, at Jaipur. The said contract was awarded for the total cost of Rs. 27,25,46,971.55/- on 08.05.2012. It appears that after the submission of performance bank guarantee and completion of other formalities, the petitioner had started work at the site, however the petitioner was informed to stop the work by the respondent, vide the letter dated 13.08.2012, on account of some order passed by the Apex Court in the petition filed by the land owners challenging the acquisition of the lands in question. The said order was vacated subsequently by th

































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