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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.______________ OF 2024 [ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.2240/2021]
M/S SAHA BUILDING CENTRE PVT LTD. APPELLANT(S)
VERSUS
UNION OF INDIA RESPONDENT(S)
O R D E R
1. Leave granted.
2. By the impugned order dated 7th January, 2021, the
High Court has rejected the application made by the
appellant under Section 11(6) of the Arbitration and
Conciliation Act, 1994 (for short, ‘the Arbitration Act’).
3. On 21st January, 2020, the Chief Engineer appointed
Shri Rajesh Banga, Chief Engineer as the Arbitrator in
terms of Clause 25 of the relevant agreement. Our attention
is invited to order/communication dated 31st January, 2020
by which compliance was made by the said Arbitrator with
the provision of Section 12(1) of the Arbitration Act.
Thus, when the impugned order dated 7th January, 2021 was
passed, the appointment of Shri Rajesh Banga was not
complete. Therefore, the High Court could not have
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dismissed the petition filed under Section 11(6) of the
Arbitration Act on the ground of appointment of Shri Rajesh
Banga as a sole arbitrator.
4. Now, in any case in view of decision of this case in
the case of Central Organisation for Railway
Electrification versus M/s ECI SPIC SMO MCML (JV) A Joint
Venture Company, [2024 INSC 857], ...