J U D G M E N T
This is an Application under Section11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").
2. The subject matter of the above Application is claim Nos. 41-43 under the same Contract between the same parties in respect of the same project as in Arbitration Case No. 70 of 2020. The facts of the present Application are more or less similar to the facts in Arbitration Case No. 70/2020.
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3. For the reasons stated in a separate order passed today in Arbitration Case No.70 of 2020, the following order is passed in this case:
ORDER:
i) The Arbitral Tribunal comprising of Hon'ble Justice Kurian Joseph, former Judge of the Supreme Court, as the presiding Arbitrator, along with Mr. Anand Kumar Jain and Mr. Bhawani Datt Joshi, as co-Arbitrators (which is considering the earlier claim Nos. 27-36 under the same Contract between the same parties and the same project), is appointed to adjudicate the dispute between the parties.
(ii) The parties shall appear before the prospective Arbitral Tribunal on a date which may be mutually fixed by the Arbitral Tribunal, not later than four weeks from today. The fees payable to the learned Arbitrators would be the same as agreed in respect of the earlier claim Nos. 27-36.
(iii) Office to forward a copy of this order to the learned Arbitrators on the following address:
1. Mr. Justice Kurian Joseph, former Judge, Supreme Court of India, D-1/40, Basant Vihar New Delhi 110057.
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2. Anand Kumar Jain, Flat No. F-1&F-2, JAI-JAI, Parshwanath Jain, Mandir Complex Niranjan Park, Nangali Dairy,
Main Najafgarh Road,
New Delhi 110043.
3. Mr. Bhawani Datt Joshi, F-312, Sarita Vihar, New Delhi 110076.
4. The Application is allowed in the above terms.
( A.A. Sayed ) Chief Justice
January 05, 2023 (cm Thakur)