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2023 Supreme(Raj) 657

PUSHPENDRA SINGH BHATI
Firm M/s. Banshi Lal Vishnoi, Through Its Partner Bansi Lal, S/o. Shri Lekhram – Appellant
Versus
Chief Engineer, Public Works Department, Government Of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Govind Suthar.
For the Respondents: Mr. Rajat Arora for Mr. K.S. Rajpurohit.

JUDGMENT :

1. The instant arbitration application has been filed by the applicant-Firm (carrying on the business of Civil Constructions, Road Constructions and all civil works assigned to it by the Public Works Department), under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act of 1996’) claiming the following reliefs:-

    “(i) by an appropriate order or direction, the Hon’ble Court may appoint an impartial Arbitrator invoking the powers under Section 11(6) of the Act of 1996 with directions to enter into reference, complete the proceedings and pass the award within such time as may be determined by this Hon’ble Court.

(ii) Any other appropriate order or direction which this Hon’ble Court may deem fit just and proper in the facts of the case may kindly be passed in favour of the petitioner.”

2. A contract was executed between the applicant and the respondents on 26.05.2015, but on count of certain dispute arose between them, the applicant served a notice dated 14.01.2016 demanding the due amount; thereafter, the applicant again served a legal notice through its Counsel on 17.09.2016 and demanded the due amount, along with compensation; failin

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