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2019 Supreme(SC) 1297

UDAY UMESH LALIT, INDU MALHOTRA
Perkins Eastman Architects DPC – Appellant
Versus
HSCC (India) Ltd. – Respondent


Advocates Appeared:
For the Petitioner(s):Amar Dave, Pranaya Goyal, Chiranjivi Sharma, Pratyashi Mehta, Advocates
For the Respondent(s):Guru Krishna Kumar, Saurabh Mishra, Abhishek Singh, Samridhi Pal, Aashnaa Bhatia, Advocates

JUDGMENT :

Uday Umesh Lalit, J.

1. This application under Section 11(6) read with Section 11(12)(a) of Act [The Arbitration and Conciliation Act, 1996] and under the Scheme [The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996] prays for the following principal relief:

    “(a) appoint a sole Arbitrator, in accordance with clause 24 of the Contract dated 22nd May, 2017 executed between the parties and the sole Arbitrator so appointed may adjudicate the disputes and differences between the parties arising from the said Contract.”

2. The application has been filed with following assertions: -

(A) As an executing agency of Ministry of Health and Family Welfare, the respondent was desirous of comprehensive architectural planning and designing for the works provided under Pradhan Mantri Swasthya Suraksha Yojna (PMSSY). Therefore a request for Proposals bearing RFP No.HSCC/3-AIIMS/Guntur/2016 was issued on 15.07.2016 for appointment of Design Consultants for the “comprehensive planning and designing, including preparation and development of concepts, master plan for the campus, preparation of all preliminary and working drawings for various buildings/structures, including


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