RAWANI CONSTRUCTION Vs. NATIONAL THERMAL POWER CORPORATION LTD
HIGH COURT OF ORISSA
NATIONAL THERMAL POWER CORPORATION LTD
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MOHAMMAD RAFIQ,J. -
(1.) This arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short "Act, 1996") has been filed by the petitionerM/s. Rawani Construction, represented through its Partner Sri Nimeesh Kumar Rawani praying for appointment of an independent arbitrator to adjudicate the dispute arising out of the agreement dated 01.10.2004 (Annexure-1) executed between the parties.
(2.) Bereft of unnecessary details, the facts giving rise to this petition are that pursuant to a tender process, the opposite party awarded the contract in favour of the petitioner for execution of the work of "Construction of 44 nos of 'D' type quarters at Permanent Township of TSTPP (Package-V)" and accordingly, agreement dated 01.10.2004 (Annexure-1) was executed between the petitioner and the opposite party. According to the petitioner, the opposite party committed several breaches during execution of the work for which the petitioner sustained loss and incurred additional cost. The petitioner therefore invoked Clause 56 of the General Conditions of Contract read with Clause 7 of the contract agreement and Clause 20 thereof and requested the Chairman-cum-Managing Director of the opposite party-Corporation to appoint an arbitrator. Accordingly, Shri Surendra Gandotra was appointed by the opposite party as the Sole Arbitrator to adjudicate the dispute between the parties.
(3.) It is the case of the petitioner that the learned Sole Arbitrator did not conduct the arbitration proceeding as per the provisions of the Act, 1996. Therefore, the petitioner approached the learned District Judge, Angul by filing an application i.e. Arbitration Case No.25 of 2014 under Sections 14(2) and 15 of the Act, 1996 praying for termination of the mandate of learned Arbitrator.;
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