Supreme Court - Daily Orders
Marks Industries Limited vs Megha Engineering And Infrastructure ... on 7 May, 2025
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 71/2024
MARKS INDUSTRIES LIMITED ..... PETITIONER(S)
VERSUS
MEGHA ENGINEERING AND ..... RESPONDENT(S)
INFRASTRUCTURE LIMITED
O R D E R
This petition under Section 11(6) of the Arbitration and Conciliation Act, 1996,1 was filed by the petitioner, Marks Industries Limited seeking appointment of a sole Arbitrator.
Without prejudice to its rights and contentions, learned counsel appearing for the respondent states that a sole Arbitrator may be appointed under the aegis of the Delhi International Arbitration Centre.
Learned counsel appearing for the petitioner has drawn our attention to the arbitration clause in the Work Order dated 22.05.2014, which reads as under: -
“20.1 In the event of any dispute or difference arising between the MEIL and the Contractor touching or concerning the interpretation or performance of this Work Order or relative to this Work Order or in connection therewith or the rights and liabilities of either of the parties Signature Not Verified hereto, the parties shall endeavor, at all times, Digitally signed by to settle the same by mutual agreement. babita pandey Date: 2025.05.14 09:54:37 IST Reason:
1 For short, “1996 Act”.1
20.2 If the parties hereto should fail to settle such differences or disputes by extensive mutual discussions and agreement, within 20 days of the notice of the disputing Party to the other then such dispute shall be referred to the Sole Arbitrator appointed under the provisions of Indian Arbitration and Conciliation Act, 1996.
The Indian Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment and the rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause.
It is one of the terms of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this clause together with the amount or amounts claimed in respect of each such dispute. The arbitrator may from time to time with consent of the parties enlarge the lime, for making and publishing the award. The seat of the arbitration shall be at New Delhi and the arbitral proceedings shall be conducted in English language The award of the arbitrator shall be final, conclusive and binding on all parties to this contract.
20.3 The existence of any such disputed and/ or proceedings shall not constitute a reason for the suspension or stoppage of work under the Work Order and the Contractor shall proceed diligently and in a manner as if no such dispute/ proceedings have been taken place.
2 20.4 The Work Order shall be governed and construed in accordance with the Laws of India. The Courts situated in Hyderabad shall have jurisdiction for the purposes of action and proceedings arising out of the Work Order.” In view of the aforesaid, we accept the present petition and appoint Ms. Meenakshi Arora, Senior Advocate of this Court, to act as the sole Arbitrator to resolve the disputes inter se the parties. The learned Arbitrator shall file her declaration in terms of Section 12 of the 1996 Act within a period of 15 days from the date a copy of this order is received by her. The fee schedule prescribed for international arbitrations under the applicable rules of the Delhi International Arbitration Centre shall apply.
Learned counsel appearing for the respondent has stated that the respondent will raise the plea of limitation. They may do so in accordance with law. However, we make no comments in this regard.
We further clarify that we have not made any comment on the merits of the case.
Recording the aforesaid, the present petition is allowed. Pending application(s), if any, shall stand disposed of.
................CJI.
(SANJIV KHANNA) ..................J. (SANJAY KUMAR) NEW DELHI;
MAY 07, 2025.
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ITEM NO.17 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Arbitration No. 71/2024
MARKS INDUSTRIES LIMITED Petitioner(s)
VERSUS
MEGHA ENGINEERING AND INFRASTRUCTURE LIMITED Respondent(s)
Date : 07-05-2025 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Gourab Banerji, Sr. Adv.
Mr. Sahil Tagotra, AOR Mr. Rakesh Talukdar, Adv.
Mr. Mohit Pandey, Adv.
Mr. Venkata Supreeth, Adv.
Mr. Ts Sundaram, Adv.
Ms. Raka Chatterjee, Adv.
For Respondent(s) M/S. Venkat Palwai Law Associates, AOR UPON hearing the counsel, the Court made the following O R D E R The petition is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (ANU BHALLA)
AR-CUM-PS COURT MASTER (NSH)
(Signed order is placed on the file) 4