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2018 Supreme(P&H) 3315

ANIL KSHETARPAL
Indian Oil Corporation Ltd – Appellant
Versus
Ponty Malik Construction Co And Another – Respondent


Advocates Appeared:
R.K. Chhibbar, Adv., Abhinav Tandon, Adv., Anmol Partap Singh Mann, Adv.

JUDGMENT

Anil Kshetarpal, J. - Petitioner-Indian Oil Corporation Limited has filed this revision petition under Article 227 of the Constitution of India, challenging the order dated 11.02.2014, dismissing an application filed by the petitioner under Section 14(2) and 15(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). This revision petition was filed after the delay of more than 2 years.

2. The respondent-company was awarded a contract for construction of raw water reservoir channel and pump house at the Panipat Refinery.

3. The agreement between the parties contained arbitration clause for resolution of the disputes. Respondent-contractor filed an application under Section 11 of the Act and the learned Additional District Judge, Panipat appointed Sh. Ajit Commar Roy, retired Chief Engineer of PWD, located in Orissa as the sole Arbitrator. The order passed by the learned Additional District Judge was challenged before the High Court but later on the revision was withdrawn with liberty to raise the question of limitation and the non-existence of any dispute between the parties before the Arbitrator itself. Even a review application was filed by

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