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2023 (11) TMI 459

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....e General ORDER M.S. Ramachandra Rao, Chief Justice (Oral) This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, "the Act") for appointment of an Arbitrator. 2. The applicant contends that respondent no.2 has awarded work of "Construction of Pungh-Kapahi via Patsal road Km.0/0 to 9/300 (SH: C/O F/C 5/7 mtr. wide Km.6/300 to 9/330, R/Wall, CD ....

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....8, but the final bill had not been prepared till date. The details of the claims alleged to be pending with the respondents are set out in para-4. 3. Legal notice was got issued by the applicant being Annexure P-3 dt. 9th December, 2021 invoking the arbitration clause, being Clause 25 of the agreement between the parties seeking appointment of Arbitrator under the provisions of the Act. According....

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....n the event of a dispute arising between them. The existence of dispute is clear from the pleadings of both the parties and admittedly the applicant had issued Annexure P-3 notice dt. 9th December, 2021 for appointment of arbitrator. 6. Having regard to the fact that in the reply filed by the respondents there is no objection raised as to the appointment of Arbitrator, this application is allowed....