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2022 Supreme(SC) 620

M. R. SHAH, B. V. NAGARATHNA
Indian Oil Corporation Limited – Appellant
Versus
NCC Limited – Respondent


Advocates appeared:
For the Appellant :V.N. Koura, Paramjeet Benipal, Shirish Kumar, Avneesh Arputham, Praveen Kr. Singh, For M/s. Arputham Aruna and Co, Advocates
For the Respondent:K. Parameshwar, Amit George, A. Sregurupriya, Prasad Hegde, Advocates

JUDGMENT

M.R. Shah, J.

As common questions of law and facts arise in this group of appeals and as such between the same parties and with respect to similar contracts / agreements, all these appeals are decided and disposed of together by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment and orders passed by the High Court of Delhi, New Delhi in respect to Arbitration Petitions by which, in exercise of powers under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Arbitration Act”), the High Court has allowed the said petitions and has appointed the learned Arbitrator by referring the dispute between the parties for arbitration, the Indian Oil Corporation Limited has preferred the present appeals.

3. For the sake of convenience, Civil Appeal arising out of Special Leave Petition No.13161/2019 arising out of the order passed by the High Court in Arbitration Petition No.115/2018 is treated as the lead matter.

4. The facts leading to the present appeal in a nut-shell are as under:

4.1. That, the appellant, Indian Oil Corporation Limited (hereinafter referred to as “IOCL”) floated a tender in respect of the


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