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2011 Supreme(Jhk) 734

PRASHANT KUMAR
Rail India Technical & Economic Service Ltd. , New Delhi – Appellant
Versus
Vijeta Constructions Ltd. , Ranchi – Respondent


ORDER

Prashant Kumar, J.

1. This Civil Revision is directed against the judgment dated 18.09.2010 passed by Subordinate Judge, 1st Dhanbad in Miscellaneous Case No. 22 of 1996, whereby he allowed the petition of opposite party and directed both the parties for suggesting names of their respective arbitrators, so that the Court can appoint them as arbitrator as per sub-section (2) of Section 8 of the Arbitration Act. 1940.

2. It appears that opposite party No. 1 had entered into an agreement with petitioner for execution of following work:

Earthwork in Railway formation in embankment with mechanical compaction in filling/cutting including blanketing, turfing and boulder pitching etc. and construction of retaining wall near Khanudih Railway Station for Madhuban Washery Siding, Madhuban, Bihar, Section-III (From Km 2/425 to Km 2/940).

3. It is relevant to mention here that the said agreement stipulates that if there is any dispute between the parties for construction of operation of the contract or the respective rights and liabilities of the parties, the said dispute or differences be referred for arbitration. Clause 63 (4)(b) of the said agreement, deals with the provision for appointmen















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