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2017 Supreme(All) 374

ASHWANI KUMAR MISHRA
AARGEE ENGINEERS & CO. – Appellant
Versus
ERA INFRA ENGINEERING LTD. – Respondent


Advocates:
Counsel :
Anurag Khanna and Nipun Singh for the Applicants; Rohit Nandan Pandey, Subodh Kumar and Vikram D.Chauhan for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—Applicant, a Company registered under the Indian Companies Act, 1956, seeks appointment of Arbitrator, in this petition, filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’).

2. Shorn of unnecessary details, facts relevant for our purposes are that Central Public Works Department, Varanasi Region, Varanasi, through its Executive Engineer, respondent No. 2, (hereinafter referred to as the ‘Department’) awarded a contract for civil and electrical works in favour of M/s. Era Infra Engineering Ltd., New Delhi, respondent No. 1, (hereinafter referred to as ‘Principal Contractor’) on 9.10.2009, to be carried at BHU Campus, Varanasi. A work agreement was entered into between Department and the ‘Principal Contractor’. This agreement permitted ‘Principal Contractor’ to engage an ‘Electrical Contractor’, as a ‘Sub-contractor’, for carrying out electrical works.

3. The applicant being an approved class ‘A’ CPWD contractor for electrical works was engaged as ‘Electrical Contractor’. Three work orders were issued to it on 24.6.2011, by the ‘Principal Contractor’, which contained following arbitrat

















































































































































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