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2021 Supreme(Raj) 1088

I.MAHANTY
Rakesh Enterprises – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dinesh Kumar Mishra, Advocate
For the Respondents:Parag Rastogi, Advocate

JUDGMENT :

I. Mahanty, J.

1. Heard learned counsel for the parties.

2. The present application under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed by the applicant-claimant seeking appointment of sole arbitrator for resolution of disputes arising under Contract No. 03/EE/JCDII/2014-15.

3. Learned counsel for the applicant submits that in terms of settlement, the disputes, if any, are required to be settled through arbitration as prescribed under Clause 25 of the agreement. Clause 25 of the Contract reads as under:-

    "CLAUSE 25 - Settlement of Disputes & Arbitration

Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here-in 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 the execution or failure to execute the same whether arising during the progress of the work or after the can

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