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Arb. P. No.02 of 2020

CHHABIL DASS AGARWAL

…PETITIONER

VERSUS

STATE OF SIKKIM AND ORS.

…RESPONDENTS

Date: 08.10.2020

CORAM:

HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE

…

Heard Mr. A. Moulik, learned Senior Counsel appearing for the

petitioner and Mr. Sudesh Joshi, learned Additional Advocate General,

Sikkim appearing for the respondents.

2.

By this application under Section 11 of the Arbitration and

Conciliation Act, 1996 the petitioner has prayed for appointment of an

arbitrator.

3.

It may be noted at the very outset that this application is not

opposed by Mr. Joshi.

4.

The petitioner was awarded a work order dated 16.02.2004 for a

work which was subsequently renamed as “CONSTRUCTION OF

2X5MVA, 66/11 KV SUB/STATION WITH LILO FROM PHODONG 66KV

S/S AND MEYONG-C-POWER HOUSE AT MANGAN”.

5.

A detailed narration of the developments that had taken place

during all these years is not considered necessary for the purpose of

this application. Suffice it is to say that a Contract Agreement was

entered into by and between the parties on 24.02.2004. General

Conditions of Contract governing the parties contain an arbitra