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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 :
Mohammad Rafiq, CJ.
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.
2. Bereft of unnecessary details, the facts giving rise to this petition are that pursuant to a tender process, the opposite party awarded the contract in favour of the petitioner for execution of the work of “Construction of 44 nos of ‘D’ type quarters at Permanent Township of TSTPP (Package-V)" and accordingly, agreement dated 01.10.2004 (Annexure-1) was executed between the petitioner and the opposite party. According to the petitioner, the opposite party committed several breaches during
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