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2021 Supreme(MP) 266

SUBODH ABHYANKAR
Asha Jain – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Satish Agrawal, Learned Counsel.
For the Respondents: Atul Choudhary, Learned Counsel.

ORDER :

Subodh Abhyankar, J.

1. This is an application filed under Section 11 (6) of the Arbitration & Conciliation Act, 1996 (herein after referred to as the Act) for appointment of an Arbitrator to adjudicate the dispute between the parties.

2. The sole question which falls for consideration of this Court is whether the General Manager of the respondent, Union of India, West Central Railway can appoint an Arbitrator in terms of the arbitration clause, after the amendment in Section 12 (6) of the Act as per the Amendment Act of 2015 of the Act.

3. In brief, the facts of the case are that the applicant Smt. Asha Jain is the proprietary of M/s. D.K. Steels, an approved vendor for manufacture and supply of Composite Grooved Rubber Sole Plates (herein after referred to as CGRSP). Applicant is also duly approved by the Research Design & Standard Organization for supply of CGRSP to the Indian Railways. The respondent is the West Central Railway.

4. The case of the applicant is that in an e-tender floated on 8th February, 2013 by the respondent for manufacture and supply of Composite Gr

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