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2021 Supreme(P&H) 898

ANIL KSHETARPAL
Kuldip Construction Company – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Anand V Khanna, Advocate, Praveen Chander Goyal, Advocate

JUDGMENT

Anil Kshetarpal, J. - Through this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), a prayer has been made to appoint/nominate an independent person as a Sole Arbitrator to adjudicate the disputes/differences between the petitioner and the respondents arising out of the work contract No.CA NO. GE/JAL (W) 27/17-18 of 2017-18 i.e. Provision of Certain repairs to Buildings of 27 AD Regt., 167 Med. Regt., 62 Engr. Regt. and 987 AD Jalandhar. It will be noted here that existence of the arbitration clause in the agreement is not in dispute. The respondent had issued general conditions of the contract which contained the arbitration clause. Clause 70 of the general conditions of the contract read as under:-

"70. Arbitration:- All disputes, between the parties to the Contract (other than those for which the decision of the C.W.E.F or any other person is by the Contract expressed to be final and binding) shall, after written notice by either party to the Contract to the other of them, be referred to the sole arbitration of an Engineer Officer to be appointed by the authority mentioned in the tender documents.

Unless

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