Delhi High Court - Orders
Servotech Electricals Pvt Ltd vs Advance India Projects Limited on 19 March, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 54/2024
SERVOTECH ELECTRICALS PVT LTD ..... Petitioner
Through: Appearance not given.
versus
ADVANCE INDIA PROJECTS LIMITED ..... Respondent
Through: Mr. Arjun Jain & Ms. Renuka Anand,
Advs.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.03.2024
1. This hearing has been done through hybrid mode.
2. The present is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, '1996 Act') filed by Petitioner- Servotech Electricals Pvt. Ltd. seeking appointment of an arbitrator in terms of clause 44 of the Special Conditions of Contract incorporated in a Work Order dated 16th October, 2017
3. Disputes between the Petitioner and the Respondent regarding unpaid amounts for electrical work performed by the Petitioner at 'Joy Street, Sector-66, Gurugram'. As per the petition, the Respondent approached the Petitioner to undertake electrical work, including designing, supplying, fabrication, installation, testing, commissioning, and low side electrical works. As per the petition, the Petitioner company has commenced work as per the Work Order, and completed it to the Respondent's satisfaction, as acknowledged.
4. However, despite the completion and acknowledgment of the work 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 22/03/2024 at 00:36:58 under the Work Order, the Respondent failed to release the payments for RA Bill-15 and RA Bill-16/Final Bill, amounting to a total of Rs.76,54,869/-.
5. The Petitioner also sent a notice invoking arbitration under Section 21 of the 1996 Act dated 23rd August, 2023 for the appointment of a sole arbitrator, however, the same was not replied to by the Respondent-Advance India Projects Ltd.
6. Vide order dated 16th January, 2024, this Court issued notice to the Respondent in the present petition.
7. Ld. counsel for the Respondent, under instructions, submits that there is only a dispute in respect of measurement. However, the Respondent does not fully dispute the amounts, which are being claimed, subject to the measurement being verified.
8. In view of the fact that the parties express inclination to resolve amicably, they are referred to the Delhi High Court Mediation and Conciliation Centre. The parties shall appear before the ld. Mediator on 3rd April, 2024 at 3:00 pm.
9. If there is no resolution of disputes, on the next date of hearing, the Court shall consider the appointment of a sole arbitrator in terms of the arbitration clause 44 of the Special Conditions of Contract.
10. List before the Court on 24th May, 2024.
PRATHIBA M. SINGH, J.
MARCH 19, 2024/dk/dn 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 22/03/2024 at 00:36:58