ABB INDIA LIMITED Vs. INDURE PRIVATE LIMITED

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Letter of Award for Design & Engineering, Manufacture, Inspection, Supply, Transportation of the entire material of Electrical System for RRVUN-Suratgarh on FOR Site basis and in relation to Letter of Award for Receipt/Unloading at site, Movement within site to its location, Complete Fabrication, Erection, Testing & Commissioning including painting and Performance Guarantee Test of the complete Electrical System Package for RRVUN-Suratgarh, both dated 01.03.2007.

(2.) The said Letter(s) of Award contain Arbitration Agreements in form of Clause 19 of the first Letter of Award and Clause 20 of the second Letter of Award, which are in identical terms and are reproduced hereinunder:-

(3.) Clause 46 and Clause 47 of the General Terms and Conditions referred to in the above clauses are reproduced hereinunder:-