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2021 Supreme(Ori) 204

S.MURALIDHAR
Kamalakanta Engineering And Construction Company Private Limited – Appellant
Versus
National Projects Construction Corporation Limited – Respondent


Advocates Appeared:
Mr. S. Dwibedi, Advocate, for the Appellant; Mr. D. Mohapatra, Advocate, for the Respondent.

ORDER

Dr. S. Muralidhar, CJ. - This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (the 'Act') seeking the appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Opposite Party-National Projects Construction Corporation Ltd. (NPCCL), arising from a work order dated 25th November, 2005 for the work of "Nergundi-Cuttack-Paradeep doubling Construction of washable aprons, Island platform, Longitudinal drain and other ancillary works at Cuttack station yard."

2. The facts in brief are that the Petitioner was assigned the aforementioned work in terms of the work order dated 25th November, 2005 with the scheduled date of commencement as 16th May, 2005 and the date of completion as 15th April, 2006. The work order contained an arbitration clause which reads as under:

    "16. Except where otherwise provided in the contract all question and disputes relating to the meaning of the specifications, designs, drawings and instructions 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 off or relating to the contra

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