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2022 Supreme(P&H) 2027

RAJ MOHAN SINGH
V. K. Kapoor & Co. – Appellant
Versus
Bharat Sanchar Nigam Ltd – Respondent


Advocates appeared:
Ms. Ritam Aggarwal, Advocate, for the Appellant; Mr. Anil Rathee, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. (Oral) - The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act') for appointment of an independent/change of Arbitrator

2. A tender was floated by respondent No.1 and the petitioner applied for the same. Subsequent to the acceptance of the said tender, an agreement was entered into between the parties on 05.03.2004. Estimated cost of the total work to be carried out by the petitioner was Rs.68,50,000/-. The entire work was to be executed from 05.03.2004 to 04.03.2005 i.e. within a period of one year. The petitioner deposited an amount of Rs.1,71,250/- as security and thereafter proceeded to carry out the work assignment.

3. The petitioner started work in accordance with the work order and also received some part payment, but surprisingly, the respondent No.1 without assigning any reason and without issuing any notice rescinded the contract agreement and stopped issuing further orders to the petitioner. The dispute arose between the parties and the petitioner claimed the amount which was due on account of part of the work done. An Arbitrator was appointed to se

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