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2014 Supreme(MP) 765

ALOK ARADHE
Dharmendra Singh – Appellant
Versus
Bharat Sanchar Nigam Ltd. – Respondent


Advocates Appeared:
For the Appellant :Ms. Shobha Menon, Sr. Advocate and Mr. Rahul Choubey, Advocate
For the Respondents:Mr. S.P. Singh, Advocate

JUDGMENT

Alok Aradhe, J.

1. With consent of the parties, the matter is heard finally. By means of this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act"), the applicant seeks appointment of an Arbitrator to arbitrate the dispute between the parties.

2. Facts giving rise to filing of the application briefly stated are that a Notice Inviting Tender was issued on 28-1-2009 for operation and comprehensive maintenance of Electro-mechanical Services for U.S.O.F. sites under Cluster No. 35 in Districts Dindori, Katni and Mandla. The bid submitted by the applicant was accepted and agreement was executed on 20-3-2009. On completion of the work, the applicant by a communication, dated 20-4-2012 requested the non-applicants to release the amount which according to the applicant was due to it. However, the applicant vide letter dated 21-5-2012 was apprised that it has not resorted to the specified procedure of conciliation and has put forward some claims, which are not admissible. The applicant submitted detailed statement of claim along with letter dated 22-8-2012 by which the applicant made a request to the non-applicants to appo











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