Delhi High Court - Orders
M/S Vishesh Builders Through: Shri Arun ... vs New Delhi Municipal Council on 24 February, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 71/2022
M/S VISHESH BUILDERS
THROUGH: SHRI ARUN JAIN, PROPRIETOR ..... Petitioner
Through: Mr. Sanjay Bansal, Advocate.
versus
NEW DELHI MUNICIPAL COUNCIL ..... Respondent
Through: Mr. Akshay Verma, ASC with Ms.
Kanika Singh, ASC and Mr.
Abhishek Pandey, NDMC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.02.2022
[VIA HYBRID MODE]
1. Ms. Kanika Singh, along with Mr. Akshay Verma, ASCs for the Respondent, state that some names from the panel maintained by the Respondent were suggested to the Petitioner, however, he has not consented to any of them.
2. They further submit that they Respondent was also following up with the Delhi International Arbitration Centre ("DIAC") so that an independent arbitrator from the panel maintained by it, could be appointed.
3. In light of the above, since the Respondent is agreeable for reference, in the opinion of the Court, an appointment can be made straightway by the Court amongst the panel maintained by the DIAC.
4. The counsels jointly pray that the arbitral tribunal comprise of a graduate engineer experienced in handling public works engineering Signature Not Verified Digitally Signed By:NITIN KAIN Signing Date:01.03.2022 13:22:41 contracts at a level not lower than the Chief Engineer (Joint Secretary level of the Government of India).
5. Having regard to the above, the present petition is allowed and accordingly, Mr. Aditya Kumar Singhal, (Retd. Director General, CPWD) [Contact No.: +91 9910444589] is appointed as the Sole Arbitrator to adjudication the disputes that are stated to have arisen between the parties relating to the work of "Augmentation of W/S System in NDMC Area. SH:
Providing & Laying 300 mm dia D.I line for President Estate from JOR Bagh water Boosting Station vide Agreement no. 09/EE(w/s)-2019-20".
6. 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.
7. The learned Arbitrator will be entitled to charge his fee in terms of the provisions of the Fourth Schedule appended to the Act.
8. 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.
9. The learned Arbitrator shall conduct the arbitration proceedings under the aegis of DIAC and in accordance with the DIAC Rules.
10. The petition stands disposed of in above terms.
SANJEEV NARULA, J FEBRUARY 24, 2022/Pallavi Signature Not Verified Digitally Signed By:NITIN KAIN Signing Date:01.03.2022 13:22:41