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2017 Supreme(SC) 1008

R.BANUMATHI, KURIAN JOSEPH
Duro Felguera, S. A. – Appellant
Versus
Gangavaram Port Limited – Respondent


Advocates Appeared:
For the Appearing Parties : Ms. Anitha Shenoy, Ms. Rashmi Nandakumar, Ms. Sristi Agnihotri, Tarun Dua, Faisal Sherwani, Advs.

JUDGMENT

Banumathi, J.

Arbitration Petition No.30 of 2016 has been filed by M/s Duro Felguera, S.A. under Section 11(6)(a) read with Sectiion 11(12)(a) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') to appoint the nominee arbitrator on behalf of the respondent (second arbitrator) in terms of sub-clause 20.6 of the Special Conditions of the Contract with respect to the arbitration arising under the Contract dated 10.05.2012. T.C. No.25 of 2017, T.C. No.26 of 2017, T.C. No.27 of 2017 and T.C. No.28 of 2017 have been filed by M/s. Felguera Gruas India Private Limited (hereinafter referred to as 'the FGI') for appointment of Domestic Arbitral Tribunal for resolving the dispute pertaining to the contract awarded to FGI. Arbitration Petition No.31 of 2016 has been filed by M/s. Gangavaram Port Limited (hereinafter referred to as 'the GPL') to appoint an arbitrator under the Memorandum of Understanding (MoU) dated 11.08.2012 and to constitute a single Arbitral Tribunal by a composite reference for adjudication of all the disputes between the parties in connection w













































































































































































































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