Delhi High Court - Orders
United Constructions vs Dte Gen Md Accommodation Project on 28 March, 2025
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 340/2024 & I.A. 41190/2024
UNITED CONSTRUCTIONS .....Petitioner
Through: Mr. M. Tarique Siddiqui & Mr. Fajallu
Rehman & Ms. Lakshmi, Advs.
versus
DTE GEN MD ACCOMMODATION PROJECT .....Respondent
Through: Ms. Shiva Lakshmi, CGSC with Mr.
Govind Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 28.03.2025
1. This is a petition filed under Section 9 read with Sections 19 and 27 of Arbitration and Conciliation Act, 1996 ("the Act") challenging the order dated 05.09.2024 (issued vide email dated 11.09.2024) passed by the learned arbitrator in the arbitration proceedings titled "United. Construction vs. DTE GEN MD Accommodation Project" (in the impugned order, the respondent is mentioned as "Union of India Represented by CE DG MAPS").
2. Vide the impugned order dated 05.09.2024, the application filed under Order XI Rules 12 and 14 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking production of certain documents by the respondent was dismissed.
3. The said application is annexed at P-17, wherein the petitioner/ claimant has sought the respondent to produce the following documents:
"9. That for fairly disposing the Arbitral Proceeding, it is necessary for this Hon'ble Tribunal to order the respondent/ This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/04/2025 at 23:53:14 concerned authority to produce the following documents:
(i) Entire file (communications & internal noting's) regarding failure of PE-AL-PE pipes and initiation of Approval in principle (AIP) for GI pipe and issuance of DO'S exchanged and recorded/noted by DDG(A) from the year 2008 to 2020 including complete documents relating to:
(a) DDO (A) Ref. note 28 ante dt. 19.08.2008 recommending OI Pipes in all projects of MAP (pg.455 C.doc).
(b) Letter no. 1010/S/410/MAP dated 25.02.2009 of Project Manager (MAP) to DO MAP regarding repeated failure of PE-AL-PE pipes (pg.456 C.doc).
(c) DO MAP letter no. 21316/Pipes/P&S/228/MAP dated 09.03.2009 whereby composite/PE-AL-PE pipes banned for future use (pg.457-458 C.doc).
(d) Letter no.3700/MAP/Q3W dated 29.03.2012 issued by OOC, HQ Delhi Area for replacement of PE-AL-PE pipes with GI pipes (pg.482-484 C.doc).
(e) Letter no.3700/MAP/Q3W dated 18.04.2012 issued by GOC, HQ Delhi Area estimating the cost of replacement of PE-AL-PE pipe as Rs.44.16 lakh per block (pg.485-489 C.doc).
(ii) Minutes of visit of all QMO relating to subject project including QMO dated 02.01.2020 as referred in letter dated 04.01.2020 issued by PM (East) MAP (pg.644 C.doc ).
(iii) All Board of Officers (BOO) minutes relating to the execution of subject contract agreement.
(iv) Communications between respondent and MES relating to handing-taking over of Blocks P-52 to P-57.
(v) Maintenance contract between MES and third party This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/04/2025 at 23:53:14 contractor of formally handed taken over Blocks P-54, P-55, P-53 & P-52.
(vi) Report submitted by Presiding Officer with reasons of delay in response to letter dated 26.02.2016 issued by the office HQ Delhi Area (Ref. pg.560 C.doc ).
(vii) DO MAP Circular no. 81811/MAP/POLICY OEN/242/E8 (B) dated 01.06.2012 for speedy payment of RARs (Ref.pg.490 C.doc).
(viii) Claimant representation dated 05.03.2018 stating project delayed for reasons attributable to the department (Ref. pg. 618- 623 C.doc) and reply of respondent to said representation, if any.
(ix) Correspondence between respondent and MES Delhi Area regarding replacement of PE-Al-PE to GI Pipes in the subject contract including costing towards the said replacement."
4. Learned Arbitrator in the impugned order has rejected the said application and particularly, in paragraph No. 4 (e), (f) and (g) observed as under:
"e) On the other hand the Respondent's stance inter alia is that the current queries/ documents sought to be produced by the Respondent and HDFC Bank are more of a Roving or Fishing enquiries and that if the applications of the Claimant are allowed at this stage it will prolong the matter of arguments to no avail especially in the light of the fact that the Arguments have reached this stage of verbal submissions on the Rejoinders already filed by the respective parties.
f) The Tribunal is of the Considered view that sufficient documentary evidence is placed on record by both the parties and the arguments have also been made by the pat1ies in their respective turns. Therefore, no useful purpose will be served by adducing/ presenting additional evidence/ documents before the Tribunal On the contrary allowing the applications of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/04/2025 at 23:53:15 Claimant will turn the Clock backwards to no avail.
g) In case any further clarity is required by the Tribunal before publication of the Award, a call will be taken by the Tribunal at that stage."
5. On perusal, I am of the view that in the present petition filed under Section 9 under the Act, the impugned order rejecting an application under Order XI Rule 12 and 14 of the CPC cannot be adjudicated. The purpose of Section 9 is primarily to preserve the subject matter of arbitration dispute.
6. Additionally, I find no infirmity in the impugned order. The parties have already filed their documents and had sufficient opportunity to produce these documents or obtain the same from each other.
7. However, in case, the petitioner is able to obtain the documents through RTI, the petitioner is at liberty to file them in accordance with law.
8. For the said reasons, the petition is disposed of accordingly.
JASMEET SINGH, J MARCH 28, 2025/pk Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/04/2025 at 23:53:15