Delhi High Court - Orders
Rishabh Constructions Pvt Ltd vs Union Of India & Anr on 8 September, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1015/2022
RISHABH CONSTRUCTIONS PVT LTD ..... Petitioner
Through: Ms. Rashi Mittal, Advocate
(Mobile No. 9910734884).
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Krishna Chandra Dubey
(Enrolment No. 1633-A/1995,
Mobile No. 9810445502), Senior
Panel Counsel with Mr. R.K. Shah,
Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 08.09.2022
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate disputes arising between the parties under a contract for "Completion of Balance Work for Construction of Dwelling Units Including Allied Services for Officers, JCO's & ORs at Ahmednagar (Army)".
2. The contract was awarded to the petitioner on 31.10.2014 and an agreement [C.A. No. DGMAP/PHASE-II/PKG-24/AHMED/(R&C)/15 of 2014-15] was, thereafter, entered into. The tender documents contain an arbitration clause in Clause 60 of the General Conditions of Contract Signature Not Verified Digitally signed ARB.P.1015/2022 Page 1 of 3 By:SHITU NAGPAL Signing Date:09.09.2022 19:06:51 ["GCC"]. By virtue of Clause 61 of the GCC, jurisdiction over disputes arising under the contract has been vested in the Courts of the place from where the acceptance of the tender has been issued, which in the present case is undisputedly New Delhi.
3. Notice was issued by this Court on 01.09.2022, when learned counsel for the respondents accepted notice and sought time to take instructions. It was noted that learned counsel for the petitioner has no objection to the arbitrator being appointed from a panel published by the Ministry of Defence, Government of India (Engineer-In-Chief's Branch, Military Engineering Services, Directorate of Contract Management) on 07.02.2022. A copy of the said notification dated 07.02.2022 is handed up in Court, and taken on record.
4. Mr. Krishna Chandra Dubey, learned counsel for the respondents, has taken instructions and states that the respondents have no objection to the appointment of an arbitrator to adjudicate the disputes between the parties.
5. Having regard to the aforesaid submissions, I am satisfied that there exists an arbitration agreement between the parties and disputes have arisen which require adjudication. There being no objection to the appointment of an arbitrator from the panel published by the Ministry of Defence, disputes between the parties are referred to the arbitration of Mr. Jagdish Raj Garg, former Directorate General (Personnel), Military Engineering Services [H.No.-1056, Sector 12A, Panchukula, PIN- 134112, [email protected], Tel.: 8008516763].
6. The arbitrator will furnish a declaration in terms of Section 12 of the Act prior to entering upon the reference. He is at liberty to fix his own Signature Not Verified Digitally signed ARB.P.1015/2022 Page 2 of 3 By:SHITU NAGPAL Signing Date:09.09.2022 19:06:51 remuneration, in consultation with the parties and in accordance with law.
7. The petition is disposed of in the aforesaid terms.
PRATEEK JALAN, J SEPTEMBER 8, 2022/'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed ARB.P.1015/2022 Page 3 of 3 By:SHITU NAGPAL Signing Date:09.09.2022 19:06:51