Delhi High Court - Orders
M/S Rayco Engineering Services vs Bptp Limited on 22 February, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1299/2022
M/S RAYCO ENGINEERING SERVICES ..... Petitioner
Through: Mr. Siddharth Tripathy, Advocate.
versus
BPTP LIMITED ..... Respondent
Through: Mr. Vivek Raja, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 22.02.2023
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 between the parties under a Work Order dated 09.03.2018. The Work Order contains an arbitration clause [Clause T] which provides for settlement of disputes by a sole arbitrator and for the arbitration proceedings to be held at New Delhi. Exclusive jurisdiction has also been vested in the courts in New Delhi.
2. Disputes having arisen between the parties, the petitioner invoked the arbitration clause by a communication dated 30.03.2022. Since no response has been received to the said communication, the petitioner filed the present petition under Section 11 of the Act.
3. Mr. Vivek Raja, learned counsel, enters appearance on behalf of the respondent pursuant to the notice issued on 21.11.2022. Mr. Raja Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:22.02.2023 19:14:55 ARB.P. 1299/2022 Page 1 of 3 submits that the respondent does not dispute the existence of the arbitration clause or object to the reference to arbitration, but states that mediation proceedings are under way between the parties in respect of certain other disputes and he is hopeful of a comprehensive solution.
4. In view of the above, I am of the view that an arbitrator may be appointed with a request to defer the proceedings for a short period to enable a mediated settlement, if possible.
5. For the reasons aforesaid, and with consent of learned counsel for the parties, the petition is disposed of with the following directions:-
a. The disputes between the parties are referred to Samadhan, Delhi High Court Mediation and Conciliation Centre, Shershah Road, Delhi-110503. As other disputes between them are being mediated by Mr. Siddharth Dutta, Advocate, the parties may request the Organizing Secretary, Samadhan to nominate the same mediator in the present case as well. The parties will appear before the learned mediator on 03.03.2023.
b. In the event the mediation proceedings are unsuccessful, the disputes will be adjudicated by arbitration under the aegis of the Delhi International Arbitration Centre, Shershah Road, Delhi- 110503 ["DIAC"]. In such an event, DIAC is requested to nominate an arbitrator from its panel. The arbitration will be governed by the Rules of DIAC, including as to the renumeration of the learned arbitrator.
c. The learned arbitrator is requested to furnish a declaration in terms of Section 12 of the Act, prior to entering upon the reference. d. DIAC is directed not to take any steps pursuant to these directions Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:22.02.2023 19:14:55 ARB.P. 1299/2022 Page 2 of 3 until 24.04.2023 to enable the parties to arrive at an amicable settlement in mediation. In the event the parties are still in process of mediation and require some further time, they may request DIAC for a further deferment. Conversely, if the mediation proceedings are closed unsuccessfully prior to 24.04.2023, either party may approach DIAC to enter upon the reference forthwith.
6. It is also made clear that all rights and contentions of the parties, including on maintainability, arbitrability of the disputes as well as on merits, are left open for adjudication before the learned arbitrator.
7. The petition stands disposed of with these directions.
PRATEEK JALAN, J FEBRUARY 22, 2023 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:22.02.2023 19:14:55 ARB.P. 1299/2022 Page 3 of 3