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2017 Supreme(Jhk) 362

D.N.PATEL
UB Engineering Limited through Mr. Bir Bahadur Singh, S/o Ramji Singh – Appellant
Versus
Electrosteel Steel Limited – Respondent


Advocates Appeared:
For the Petitioner:M/s Anil Kumar, Senior Advocate
For the Respondents:M/s Indrajit Sinha, Advocate

JUDGMENT :

1. These two arbitration applications have been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Hereinafter to be referred to as the “Act of 1996”) for appointment of arbitrator.

2. Factual Matrix

The respondent company wanted to establish steel plant, for which a power plant as well as oxygen plant was to be constructed for captive consumption.

Two separate agreements dated 28th July, 2010 and 27th December, 2010 have been entered into between the parties to these arbitration applications for the captive power plant and the oxygen plant respectively. These two agreements are at Annexure 1 series to the memo of Arbitration Application No. 14 of 2015, which contain arbitration clause.

Separate work orders have also been issued by the respondent to the applicant for captive power plant. These three are numbered as under:

(a) 430000883

(b) 4300001145

(c) 4300003617

The aforesaid three work orders were for Rs. 6179800/-, Rs. 29863725/- and Rs.60446753.02 paise and it is alleged by this applicant that with respect to the aforesaid three work orders the















































































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