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2021 Supreme(Online)(KER) 29496

K.A.JOHNSON – Appellant
Versus
THE GENERAL MANAGER – Respondent


Advocates:
['S SHANAVAS KHAN', '', 'SMT S INDU', 'SRI A DINESH RAO', 'SC', 'RAILWAYS']

ORDER

The applicant has approached this Court invoking the provisions of Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short), seeking that an Arbitral Tribunal be constituted for adjudication of his claim made against the opposite party through Annexures A1 to A7.

2. The applicant submits that he had entered into Annexure A2 agreement for reconstruction of certain infrastructural facilities for the respondent - Railways, but that some disputes arose with respect to and in connection with the same, which compelled him to issue Annexure A5 letter to the competent Authority of the respondent, requesting either that his claims be acceded to or that the matter be referred to arbitration “as per the relevant Clauses of GCC duly appointing an Arbitral Tribunal” (sic).

3. The applicant says that, however, through Annexure A6, the respondents refused to accede to either of the afore requests and therefore, that he has been constrained to approach this Court.

4. I have heard Smt.S.Indu, learned counsel for the petitioner and Shri.Dinesh Rao, learned Standing Counsel for the opposite party.

5. The submissions of Shri.Dinesh Rao i

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