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2024 Supreme(Online)(DEL) 18898

HIGH COURT OF DELHI
MS KGPS MECHANICAL PVT LTD – Appellant
Versus
CINDA ENGINEERING AND CONSTRUCTION PVT LTD – Respondent


JUDGEMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

FACTS

2. This is a petition filed by the Petitioner under section 11 (6) of the Arbitration and Conciliation act, 1996, seeking appointment of an arbitrator with respect to the disputes arising between the parties regarding nine contracts as mentioned in paragraphs 3 and 4 of the Pleadings.

3. The Petitioner - KGPS Mechanical Pvt. Ltd. is a contractor for structural and mechanical jobs, registered under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred as ‘MSME’).

4. The Respondent- CINDA Engineering and Construction Pvt. Ltd. is a technical consultant company which was awarded the Engineering, Procurement, Construction, Management contract for its Carbon Black Project (hereinafter referred as ‘Project’) at Dahej, Bharuch to the Respondent Company. The Respondent thereafter invited bids for multiple packages.

5. The Petitioner was awarded two contracts dated 27th February, 2020, regarding design, engineering, manufacture, construction, erection for values of more than Rs. 28 crores and Rs. 31 crores. Thereafter, the Petitioner company was awarded seven more contract














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