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2012 Supreme(MP) 475

PRAKASH SHRIVASTAVA
M. A. P. Projects – Appellant
Versus
Sahara Prime City Limited – Respondent


Advocates:
Amit Agrawal for petitioner; Sumit Nema for respondent.

ORDER

1. The petitioner has filed the present application under section 11(5) and 8 of the Arbitration and Conciliation Act, 1996 with a prayer to appoint the arbitrator to resolve the dispute between the parties.

2. The petitioner’s case in brief is that a contract was entered into between the parties for construction work and the petitioner by accepting the terms and conditions had signed the work order. Thereafter a supplementary work order was got executed. There was some delay in the execution of the contract, therefore, the dispute arose between the parties and on 27.11.2006 the petitioner was informed about the decision to hold the construction work till further instructions. No instructions thereafter were given to recommence and/or complete the incomplete work. According to the petitioner he was forced to sign an undertaking as a pre- condition for release of cheque of Rs.9,86,512/- notwithstanding its claim being unsettled for various other issues. Vide communication dated 19.6.2010, the petitioner had made a request to the respondents to settle the claim or refer the matter to arbitration. The said letter was duly received and acknowledged by D.K. Singh, Project Manager of














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