Gujarat State Co-Operative Grain ... vs Union Of India on 19 March, 2021

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Delhi High Court - Orders

Gujarat State Co-Operative Grain ... vs Union Of India on 19 March, 2021

Bench: Sanjeev Narula

                          $~20
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ARB.P. 398/2021
                                 GUJARAT STATE CO-OPERATIVE GRAIN GROWERS
                                 FEDERATION LTD.                           ..... Petitioner
                                                 Through: Mr. Ashish Khorana, Advocate.

                                                    versus

                                 UNION OF INDIA                                   ..... Respondent
                                               Through:          Mr. Jitesh Vikram Srivastava, Senior
                                                                 Panel Counsel with Mr. Santosh
                                                                 Kumar Pandey, Advocate for R-1

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                              ORDER

% 19.03.2021 I.A. No.4191/2021(for exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

ARB.P. 398/2021

3. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeks appointment of a Sole Arbitrator. The learned counsel for the Petitioner submits that pursuant to Request for Proposal ['RFP'] dated 4th August, 2016, the Petitioner's bid was accepted vide Acceptance of Tender ['AT']dated 29th September, 2016. He submits that the Arbitration Clause [Clause 3] contained in 'Part III - Standard Conditions of RFP'governs the terms of AT.

4. The Petitioner vide notice dated 6th August, 2019, invoked the Arbitration Clause and called upon the Respondent for initiating a bilateral Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:25.03.2021 12:13 discussion in terms of the Arbitration Clause.The Petitioner, thereafter,vide notice dated 20th November, 2019 called upon the Respondent to appoint an Arbitrator. This was followed by another notice dated 15th January, 2020to serve as a reminder to the Respondent.

5. Issue notice. Mr. Jitesh Vikram Srivastava accepts notice on behalf of the Respondent.

6. Reply, be filed within a period of two weeks. Rejoinder, thereto, if any, be filed within a period of one week thereafter.

7. List on 18th May, 2021.

SANJEEV NARULA, J MARCH 19, 2021 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:25.03.2021 12:13

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Delhi High Court - Orders