Delhi High Court - Orders
M.V. Omni Projects (India) Ltd vs Union Of India, Through Dy. Chief ... on 27 July, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 461/2022
M.V. OMNI PROJECTS (INDIA) LTD.
..... Petitioner
Through: Mr. Subodh Kumar Pathak and Mr.
Akash Swami, Advocates.
versus
UNION OF INDIA, THROUGH DY. CHIEF ENGINEER,
NORTHERN RAILWAY
..... Respondent
Through: Mr. Ruchir Mishra Addl. Standing
Counsel along with Mr. Mukesh
Kumar Tiwari and Ms. Anita GP,
Advocates.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 27.07.2022
1. A petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, has been filed on behalf of the petitioner for referring the disputes to the panel of Arbitrators.
2. It is submitted that the contractual work was awarded to the petitioner on 29th November, 2016. The period of completion was 12 months for which a Performance Bank Guarantee was furnished. The Contract was wrongfully terminated on 28th December, 2018. The disputes arose Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:08.08.2022 18:23:50 between the parties and the matter was referred to Arbitration, which is pending adjudication. Further disputes have arisen between the parties. A request is, therefore, made that the matter be referred to same Arbitration Tribunal which has already seized of the matter in the earlier arbitration proceedings, since the disputes have arisen from the same Contract.
3. Learned counsel for the respondent has submitted that he has instructions through email to state that there is no objection if the additional disputes raised in this petition are also referred to the same Arbitration Tribunal which is seized of the matter.
4. In view of the submissions made, the petition is allowed and the matter be referred to the Arbitration Tribunal comprising of Mr. Alok Ranjan (Presiding Arbitrator and Retired AM(CE), Railway Board), Mr. Anurag Kumar Sachan(Co-Arbitrator & Retd. CAO/Con/USBRL, Northern Railway) and Mr. B. Pandey (Co-Arbitrator & Retd. PFA/CR).
5. This is subject to the learned Arbitrator making the necessary disclosure as required under Section 12(1) of the A&C Act, 1996 and not being ineligible under Section 12(5) of the Arbitration & Conciliation Act, 1996.
6. Accordingly, the petition is allowed in the above terms.
NEENA BANSAL KRISHNA, J JULY 27, 2022 va Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:08.08.2022 18:23:50