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2021 Supreme(Manipur) 9

SANJAY KUMAR
Simplex Projects Ltd. , through its Director – Appellant
Versus
State of Manipur, through its Chief Secretary, Secretariat, Imphal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.S.D.Singh, Mr.T.Momo Singh, Advocate
For the Respondents:Mr.Lenin Hijam, Ms. Tejpriya, Advocate

ORDER :

1. Heard Mr.S.D.Singh, learned counsel, assisted by Mr. Tayenjam Momo Singh, learned counsel, for the petitioner company; and Mr. Lenin Hijam, learned Additional Advocate General, Manipur, assisted by Ms. Tejpriya, learned counsel, appearing for the respondents.

2. This petition was filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for brevity, ‘the Act of 1996’), read with Section 10 of the Commercial Courts Act, 2015, seeking appointment of an independent, impartial and competent arbitrator to decide the petitioner company’s disputes with the State of Manipur and its Public Works Department.

3. The petitioner company entered into Contract Agreement No.EE/BD-I/Agrt/2010-11/26 dated 18.10.2010 with the Government of Manipur for construction of the Capital Complex (Civil Secretariat Component) at Mantripukhri, Imphal.

Clause 38(i) of the said Agreement is titled ‘Settlement of Disputes and Arbitration’. It provided that if the contractor, viz., the petitioner company, disputed any drawing, record or decision given in writing by the Engineer-in-charge on any matter in connection with or arising out of the contract, it should, within fifteen days, request the S

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