Antrix Construction Pvt Ltd vs A2Z Filtration Specialities Pvt Ltd on 27 May, 2024

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Delhi High Court - Orders

Antrix Construction Pvt Ltd vs A2Z Filtration Specialities Pvt Ltd on 27 May, 2024

Bench: Prathiba M. Singh

                                    $~67
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +                                                             ARB.P. 750/2024
                                                ANTRIX CONSTRUCTION PVT LTD.           ..... Petitioner
                                                             Through: Mr. Harsh Tikoo & Mr. Deepak Joshi,
                                                                      Advs. (M: 9602048748)
                                                             versus

                                                A2Z FILTRATION SPECIALITIES PVT LTD.                                       ..... Respondent
                                                               Through: None.
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                         ORDER

% 27.05.2024

1. This hearing has been done through hybrid mode.

I.A.30391/2024 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

ARB.P.750/2024

3. The present petition has been filed on behalf of the Petitioner-Antrix Construction Pvt. Ltd., under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, 'Act, 1996') seeking appointment of a sole arbitrator.

4. The petition arises out of a construction contract dated 10th February, 2021 (hereinafter, 'contract') entered into between the parties herein. It is stated that the parties entered into a contract for constructing an industrial building and related miscellaneous building and external development works at 175-176,Sector-3, Phase-I, Industrial Estate, Growth Centre, Bawal, Haryana, India (hereinafter, 'work'). It is the Petitioner's case that the said work was undertaken by the Petitioner who completed the work and raised a final invoice dated 22nd September, 2022 for an amount of 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 31/05/2024 at 23:15:56 Rs.65,60,858.99/-.

5. It is averred that the Respondent has not paid the dues even after the completion of work as undertaken in the contract. Thus, the Petitioner invoked arbitration as per Section 21 of the Act, 1996 on 1st March, 2024 in terms of the arbitration clause contained in the contract.

6. In the reply dated 15th March, 2024 to the said notice dated 1st March, 2024, the Respondent claimed that the monies are owed to it and not vice- versa. In the reply, the Respondent's stand is that there are defects in the quality of the work. The Respondent also objects to the name proposed by the Petitioner as sole arbitrator.

7. A perusal of the reply to the invocation notice shows that the Respondent does not dispute the arbitration clause.

8. Issue notice to the Respondent. The Respondent shall be served by the Registry at the following email [email protected] and [email protected]. The Petitioner shall also, in addition, take steps to serve the Respondent through all modes.

9. Upon service being made, reply shall be filed within two weeks. Rejoinder thereto be filed within two weeks thereafter.

10. List on 6th August, 2024.

PRATHIBA M. SINGH, J.

MAY 27, 2024/dk/rks 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 31/05/2024 at 23:15:56

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Delhi High Court - Orders