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1998 Supreme(Bom) 43

S.S.NIJJAR
Hindustan Construction Corporation – Appellant
Versus
Mazgaon Dock Ltd. – Respondent


S.S. NIJJAR, J.:---This petition has been filed under sections 30 and 33 of the Arbitration Act, 1940 (hereinafter referred to as "the Act") with a prayer for setting aside the Award dated 10th February, 1997 made by the sole Arbitrator being Award No. 117 of 1997.

2. The petitioners are M/s. Hindustan Construction Corporation, a registered partnership firm of Engineers and Contractors having their office at 53, Sindhi Society, C.S.T. Road, Chembur, Mumbai-400 071. The respondents are M/s. Mazgaon Dock Ltd., a Government of India Undertaking and having their office at Mazagaon Dock, Mumbai-400 010. Certain disputes had arisen between the petitioners and the respondents in respect of the work of construction of workshop shed at Nhava Yard for the respondents. Under the Arbitration Agreement between the parties, the said disputes were referred to the Arbitration of one Shri G.G. Archik as sole Arbitrator, pursuant to the order dated 12-2-1988 of this Court. This order was passed in Arbitration Suit No. 3416 of 1987 filed by the petitioners. Thereafter the petitioners had also filed Arbitration Petition No. 69 of 1991 under sections 11 and 12 of the Arbitration Act to remove Shri G.G.



































































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