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  • Arbitration Lod

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    The document discusses an SLP filed regarding a dispute over the renewal of a contract between M.S N.D. RADHA KISHEN & CO. and the Union of India. The key issues are whether disputes raised by the petitioner are subject to arbitration given that the original agreement has ceased, and if the right to seek contract renewal falls within the scope of the arbitration agreement. The document provides background details on the original 2003 agreement between the parties, its extensions until 2015, notices issued by the respondent in 2014 inviting new tenders, and legal actions initiated by the petitioner in lower courts seeking arbitration and renewal of the contract.

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    The document discusses an SLP filed regarding a dispute over the renewal of a contract between M.S N.D. RADHA KISHEN & CO. and the Union of India. The key issues are whether disputes raised by the petitioner are subject to arbitration given that the original agreement has ceased, and if the right to seek contract renewal falls within the scope of the arbitration agreement. The document provides background details on the original 2003 agreement between the parties, its extensions until 2015, notices issued by the respondent in 2014 inviting new tenders, and legal actions initiated by the petitioner in lower courts seeking arbitration and renewal of the contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    5 views1 page

    Arbitration Lod

    Uploaded by

    udai433
    The document discusses an SLP filed regarding a dispute over the renewal of a contract between M.S N.D. RADHA KISHEN & CO. and the Union of India. The key issues are whether disputes raised by the petitioner are subject to arbitration given that the original agreement has ceased, and if the right to seek contract renewal falls within the scope of the arbitration agreement. The document provides background details on the original 2003 agreement between the parties, its extensions until 2015, notices issued by the respondent in 2014 inviting new tenders, and legal actions initiated by the petitioner in lower courts seeking arbitration and renewal of the contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    M.S N.D.

    RADHA KISHEN

    & CO. VS. UNION OF INDIA

    SLP (CIVIL) NO: 14778/2016


    Issue: Whether the disputes raised by the Petitioner are referable to Arbitration under the Arbitration
    Clause when the Agreement Contract has ceased to Exist? Whether the right to seek renewal of Contract
    will fall within the scope and ambit of Arbitration contract agreement?

    2003

    Aug
    2014
    12.06.15
    12.08.15
    14.06.15
    18.08.15
    07.05.16
    14.05.16

    Agreement of Out Agency executed between Railways and the Petitioner


    Company. Renewal Clause 11.2 and Arbitration Clause 16.0
    Last Extension date: 10.01.2012
    Extended upto: 10.01.2015
    Respondent issued notice inviting tender for allotment of the Contract, for
    Railways out agency Srinagar.
    Petitioner filed Application u/s-9 before District Judge, Jammu against said
    tender notice.
    ADJ, Jammu passed order directing the parties to maintain status quo with
    regard to out agency in that event, no contract was allotted to any contractor.
    Petitioner sent notice invoking Arbitration, seeking appointment of Arbitrator
    for adjudication of disputes.
    Petitioner filed Arbitration Application u/s-11 (6) of J&K Arbitration Act
    before HC of J&K, Jammu.
    HC of J&K dismissed the Petition holding that the agreement had ceased to
    exist.
    SLP Filed

    5963

    1-5
    6-20

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