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2016 Supreme(Raj) 770

MOHAMMAD RAFIQ
Vistaar Infratech (I) Pvt. Ltd. – Appellant
Versus
Managing Director, Bharat Heavy Electricals Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Raj Kumar Jain, Advocate.

ORDER :

Mohammad Rafiq, J.

This application has been filed by the applicant, M/s. Vistaar Infratech (I) Pvt. Ltd. against Managing Director, Bharat Heavy Electricals Limited and Managing Director, Rajasthan State Vidyut Utpadan Nigam Limited (RVUNL) under Section 11(5) and 6(a) and (c) of the Arbitration and Conciliation Act, 1996(for short 'the Act') seeking appointment of a retired High Court Judge as sole arbitrator to resolve the dispute between them and payment of Rs. 11,00,000/- to the applicant along with interest @ 12% p.a. till its realisation with legal expenses.

2. Non-applicant No. 1 invited tender for carrying out the Topographical Survey, Area Drainage Survey, Hydrographical Survey and Geotechnical Survey at Suratgarh site, as per the scope of work, general terms and conditions, time period and mode of payments. The applicant submitted its bid, which was accepted by Non-applicant No. 1 and the applicant was awarded work order on 03.01.2012. According to the applicant, after completion of work, it submitted bill for Rs. 11,18,482/- but the same was declined by the non-applicants on the premise that the applicant did not complete the contractual work whereas the applicant





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