NYIMI ENTERPRISE Vs. GAUHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, the learned senior counsel appearing for the petitioner. Also heard Mr. A.M. Buzarbaruah, the learned senior counsel appearing for the respondents.

(2.) This application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'the Arbitration Act') was allowed on 4.6.2013 by appointment of an arbitrator. But on challenge made in the Supreme Court by the respondents, the matter is remanded back to consider the implication of Clause 9.1.1.0 of the contract agreement, which governs the parties. The Clause 9.1.1.0 is extracted here - in -below for ready reference: