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2014 Supreme(MP) 1414

ALOK ARADHE
Wig Brothers (India) Pvt. Ltd. – Appellant
Versus
Devi Shakuntala Thakral Charitable Foundation – Respondent


Advocates Appeared:
For the Appellant :Jeevesh Nagrath, Advocate
For the Respondents:Deepesh Joshi, Advocate

JUDGMENT :

Alok Aradhe, J.:-

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") for appointment of Arbitrator on behalf of the respondent. Background facts leading to filing of the petition briefly stated are that the petitioner is engaged in the business of civil construction. The petitioner agreed to carry out the construction work of various buildings for the respondent at Oriental Institute of Science and Technology and Oriental Engineering College in Jabalpur, Madhya Pradesh. A Letter of Intent was issued on 21-4-2009. Clause 27 of the aforesaid Letter of Intent contains an arbitration clause, which reads as under:--

"All disputes and differences of any kind, whatever arising out of or in connection with the contract or the carrying out of the works (whether during the progress of the works or after their completion and whether before or after the determination, abandonment or breach of the contract) shall be referred to and settled by the Architect who shall state his decision in writing. Such decision may be in the form of a Final Certificate or otherwise. The decision of the Architect with respe













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