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Kone Elevator (India) Pvt. Ltd vs Central Public Works Department on 29 March, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~68
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ARB.P. 395/2022 & I.As. 4796-97/2022
                                 KONE ELEVATOR (INDIA) PVT. LTD.                       ..... Petitioner
                                                    Through:     Mr. Kartik Nagarkatti, Advocate.

                                                    versus

                                 CENTRAL PUBLIC WORKS DEPARTMENT          ..... Respondent
                                              Through: Mr. Vikrant N. Goyal, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                         ORDER

% 29.03.2022

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] seeks appointment of a Sole Arbitrator for adjudication of disputes pertaining to 'Agreement No. 05/EE(E)/ECD - VI/13-14' dated 10th May, 2013 - which contains arbitration clause (Clause 25) in the General Conditions of Contract that forms part of the said Agreement.

2. Counsel for the Respondent very fairly does not dispute the existence of the arbitration agreement and without prejudice to his rights and contentions, states that the Court may appoint an Arbitrator.

3. Accordingly, the petition is allowed and Mr. Sanjeev Mahajan, Advocate [Contact No.: +91-9811156437] is appointed as the Sole Arbitrator to adjudicate the disputes that are stated to have arisen between the parties out of 'Agreement No. 05/EE(E)/ECD - VI/13-14' dated 10th May, 2013.

4. The parties are directed to appear before the learned Sole Arbitrator as and when notified. This is subject to the learned Arbitrator making necessary disclosure(s) under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.

5. The learned Arbitrator will be entitled to charge his fee in terms of the provisions of the Fourth Schedule appended to the Act.

6. It is clarified that the Court has not examined any of the claims of the parties and all rights and contentions on merits are left open. Both the parties shall be free to raise their claims/counter claims before the learned Arbitrator in accordance with law.

7. At request of the parties, the learned Arbitrator shall conduct the arbitration proceedings under the aegis of Delhi International Arbitration Centre [hereinafter, "DIAC"] and in accordance with the DIAC Rules.

8. The petition is allowed in the above terms and the pending applications are also disposed of.

SANJEEV NARULA, J MARCH 29, 2022 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:31.03.2022 15:40:32