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2023 Supreme(J&K) 52

TASHI RABSTAN
Pardeep Electricals and Building Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Pranav Kohli; Arun Dev Singh.
For the Respondent: Vishal Sharma.

JUDGMENT :

1. The instant petition is filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking appointment of an Arbitrator.

2. The brief facts of the case are stated infra:

Due to various defaults/failures on the part of the respondents in complying the laws of land as well as fulfill reciprocal contractual obligations, performance and the progress of work allotted to the petitioner i.e. CA No: CELZ-01/2017-18, CONSTRUCTION OF OTM ACCN AT NIMMU, arbitration clause has been invoked by the petitioner by issuing a notice bearing No. PEBPL/CELZ/01/2017-18/146, dated 07.05.2022 requesting the respondents to appoint an arbitrator. The petitioner being eligible, participated in the tendering process and submitted its bid. The petitioner-firm emerged as lowest bidder and was allotted the contract bearing No. CELZ-01/2017-18 vide Chief Engineer Leh Zones communication bearing No. 180040/130/E8, dated 28.08.2017 for the lumpsum amount of Rs. 29,60,00,000.01 (Rupees twenty nine crore sixty lacs and paisa one only).

As per the terms and conditions of the contract, the petitioner was to execute the construction work af

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