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CHHATTISGARH HIGH COURT
Dhirendra Mishra, J
Ramgopalsomani Station Road (M/s.) Champa Chhattisgarh v. Union of India and Others
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| 1. discussion on the modification and applicability of arbitration clause. (Para 2 , 4 , 5 , 9) |
| 2. petitioner's response to the modified arbitration conditions. (Para 6 , 7) |
| 3. arguments presented regarding the applicability of s.12(5). (Para 8 , 10) |
| 4. court's conclusion and decision on appointment of the arbitrator. (Para 11 , 12) |
1. Heard Mr. Kshitij Sharma, learned counsel for the petitioner. Also heard Mr. H. S. Ahluwalia, learned counsel, appearing for the respondents.
2. By this application under S.11(6) of the Arbitration and Conciliation Act, 1996 , (for short 'the Act of 1996'), the petitioner prays for appointment of an Arbitrator in connection with a Contract Agreement No.19 / CEE / CON / SECR / BSP / 2015, dated 07.12.2015, entered into by the petitioner and the respondent No. 3, for executing a contract of ' Conversion of 33KV overhead line (of CSEB) to underground cable at PP Yard Bhilai in SEC Railway, Raipur Division'.
3. The Contract Agreement provides that the Indian Railways Standard General Conditions of Contract would be applicable to the Contract Agreement unless specifically mentioned otherwise. Clause 64. (3)(a)(ii) of the General Conditions of t
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