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2024 Supreme(All) 761

SUBHASH VIDYARTHI
Amit Engineering, Mainpuri Thru. Prop. Mr. Amit Dixit – Appellant
Versus
Superintending Engineer, Electricity Work Circle – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Puneet Sahai Bisaria
For the Respondent: Neera Yadav, Mayank Sinha

JUDGMENT :

SUBHASH VIDYARTHI J.

1. Heard Sri K. K. Arora Advocate, the learned counsel for the petitioner and Sri Mayank Sinha Advocate, the learned counsel for the respondent.

2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 07.03.2024 passed by the Commercial Court No. 2, Lucknow in Arbitration Case No. 126 of 2023, under Section 34 of the Arbitration and Conciliation Act, 1996 (which will hereinafter be referred to as ‘the Act’).

3. Briefly stated, facts of the case are that the petitioner had entered into a contract with the respondent for construction of 33 KV independent feeders emanating from 132 KV primary sub-station Amawan (Raebareli), 220 KV primary substation Sonik (Unnao) and 33/04 KV substation at District Courts Raebareli/Unnao on turnkey basis within stipulated time in compliance of order passed by Hon’ble High Court, Uttar Pradesh on 29.06.2019.

4. Clause 16 of the General Requirements of Specification mentioned in the contract entered between the parties provides as follows: -

    “16.0-JUDICIAL JURISDICTION:

All the dispute arising out and touching or relating to subject ma

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