Unitech Limied vs Telangana State Industrial ... on 17 February, 2021
11. Taking into consideration all the above referred
facts and circumstances and the evident intent and
objectives of the parties to choose a specific form of
dispute resolution to manage conflicts between them
and interim orders of this Court dt. 04.10.2021 in
W.P.No.24761 of 2021, which observed the fact that
the Learned Addl. Advocate General, on instructions
submitted to the Court that since there is an Arbitration
Clause and it is arbitral dispute the Petitioner has to
invoke the same, without going into the merits of the
claim and counter claim of the parties on all the issues
involved in the present case and without even
expressing any opinion on the same and further taking
into consideration Clause 3, Sub-clause (ii) of
G.O.Ms.No.6, dt. 17.03.2022 and duly considering the
observations of the Apex Court in judgement reported
in (2014) 5 SCC 1 in Emercon (India) Ltd., V. Emercon
GmbH and also the judgment of the Apex Court
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reported in (2022) 9 SCC 691 in Puna vs. Samarth
Builders and Developers and Another and also the
judgement of the Apex Court reported in (1986) 2 SCC
679 in Comptroller and Auditor General of India, Gian
Prakash, New Delhi and Another v. K.S. Jangannathan
and Another, Unitech Limited and others v Telangana
State Industrial Infrastructure Corporation (TSIIC) and
others reported in 2021 SCC online SC 99 dated
17.02.2021 and Union of India and others v Tantia
Construction Private Limited, dated 18.04.2011
reported in 2011(5) SCC 697 (extracted above) the
writ petition is disposed of directing the respondents to
discuss with the Petitioner who is the counterparty to
the agreement dt. 20.01.2010 entered into by and
between the petitioner and Respondents duly applying
Clause 3 Sub-Clause 2 of G.O.Ms.No.6, dt. 17.03.2022
and bring about a suitable amendment to designate
International Arbitration and Mediation Centre (IAMC)
Hyderabad as the Arbitral Mediation Institution to
utilize the services of the IAMCH for conducting their
arbitration relating to all the disputes between the
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29 SN,J
petitioner and the respondents herein arising out of
Contract vide agreement No. AB No. SE/JCR/DLIS/
WGL/EPC/05/2009-10 dated 20.01.2010, within a period
of 3 weeks from the date of receipt of the copy of the
order. However, there shall be no order as to costs.