9911796707
TMI Blog2002 (9) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... on Act, 1996 ( the Act ) was filed by the petitioner on the basis of an arbitration clause contained in the tender document dated 9-11-1995. Clause 104 of the said tender document contained an arbitration clause according to which in case of any dispute or difference between the parties touching or concerning the work or the execution or maintenance thereof under the contract or the rights touchin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khs; that there is no arbitration agreement between the parties; that the petitioner is not a legal entity; that there is no cause of action against the respondent. It is stated that the tender was granted to a partnership firm Amarnath Charanji Lal Co. which was an unregistered firm and as such the petitioner has no right to sue the respondent. The agreement as well as arbitration clause are de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or within the period of 30 days. All that the Chief Justice or his designate has to see is the documents and the correspondence between the parties annexed to the petition and take into account the qualifications required of the arbitrator by the agreement between the parties and other considerations likely to secure the nomination of an independent and impartial arbitrator. No adjudicatory decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an Arbitrator under section 11(6) of the Act. In the result the petition is allowed and Shri Niranjan Singh, Supdt. Engineer, Delhi Central Circle-I CPWD, I.P. Bhawan, New Delhi-110002 is appointed an Arbitrator to enter upon the reference and adjudicate the disputes between the parties arising out of the tender document dated 9-11-1995. The fee shall be fixed by the Arbitrator himself keeping ..... X X X X Extracts X X X X X X X X Extracts X X X X
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