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IN THE HIGH COURT OF ORISSA AT CUTTACK
MOHAMMAD RAFIQ
Rawani Construction – Appellant
Versus
National Thermal Power Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. dispute arises from execution of contract (Para 1 , 2 , 3) |
| 2. arguments for and against newer arbitrator (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of arbitrator appointment delay (Para 8 , 9 , 10 , 11) |
| 4. court's dismissal of arbitration petition (Para 12) |
Judgment :
1. This arbitration petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (in short “Act, 1996”) has been filed by the petitioner- M/s. Rawani Construction, represented through its Partner Sri Nimeesh Kumar Rawani praying for appointment of an independent arbitrator to adjudicate the dispute arising out of the agreement dated 01.10.2004 (Annexure-1) executed between the parties.
3. It is the case of the petitioner that the learned Sole Arbitrator did not conduct the arbitration proceeding as per the provisions of the Act, 1996. Therefore, the petitioner approached the learned District Judge, Angul by filing an application i.e. Arbitration Case No.25 of 2014 under Sections 14 (2) and 15 of the Act, 1996 praying for termination of the mandate of learned Arbitrator.
5. In support of his argument, learned counsel for the petitioner has relied upon the judgments of the Supreme Court in the
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