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HIGH COURT OF BOMBAY
Sandeep V. Marne, J
Generic Engineering Construction and Projects Ltd. – Appellant
Versus
Maharashtra Maritime Board – Respondent
| Table of Content |
|---|
| 1. construction contract disputes lead to termination. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner asserts valid arbitration agreement. (Para 6 , 7 , 8 , 9 , 10) |
| 3. respondent denies arbitration; prioritizes bid remedies. (Para 11 , 12 , 13) |
| 4. court prioritizes section 11 application. (Para 14 , 15 , 16 , 17) |
| 5. reproduction of key contract dispute clauses. (Para 18 , 19 , 20 , 21) |
| 6. no conflict; bid clause yields to arbitration. (Para 22) |
| 7. no appointed dispute review expert exists. (Para 23 , 24 , 25) |
| 8. termination decision by ceo is arbitrable. (Para 26 , 27 , 28) |
| 9. scc deletion affirms gcc arbitration. (Para 29 , 30) |
| 10. holistic reading favors arbitration agreement. (Para 31 , 32 , 33 , 34 , 35) |
| 11. sole arbitrator appointed; section 9 converted. (Para 36 , 37 , 38 , 39 , 40) |
JUDGMENT:
1) Commercial Arbitration Application No. 675 of 2025 is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking appointment of Arbitrator for adjudication of disputes and differences between the parties, which have arisen out of Work Order dated 25 January 2023 and Agreement dated 6 February 2023 in relation to construction of office building on Plot N
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