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2009 Supreme(MP) 692

RAJENDRA MENON
Pawan Kumar Jain – Appellant
Versus
Union of India (UOI) – Respondent


ORDER

Rajendra Menon, J.

1. As common questions are involved in both these applications and as relief claimed are also for appointing an Arbitral Tribunal, they are being considered and decided by this common order.

2. Applicants have invoked jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking referral of certain disputes to an Arbitral Tribunal. In MCC No. 1694/2007, petitioner was granted contract for construction of Jawahar Navodaya Vidyalaya, Badwara, District Katni vide Agreement No. 13/EE/JCD/2003-2004. Similarly, in Arbitration Case No. 34/2007, applicant was granted contract for construction of four number Type II, eight number Type III quarters; and, Principal's residence including installation of water supply and sanitary equipment at Jawahar Navodaya Vidyalaya, Badwara District vide Agreement No. 13/EE/JCD/2003-04.

3. In the execution of these agreements certain dispute arose between the parties and, therefore, invoking Clause 25 of the Agreement, Le., Document No. 1, filed in both the cases, applicant sought for constitution of an Arbitral Tribunal. Prayer of the applicant was allowed and in each of the































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