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M/S Tech Mahindra Limited vs Union Of India, Through Department Of ... on 16 March, 2021

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~5
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     ARB.P. 35/2021
                               M/S TECH MAHINDRA LIMITED             ..... Petitioner
                                            Through: Mr Ajoy Roy, Mr Shivang Singh and
                                                     Ms Neha Goel, Advocates.

                                                   versus

                               UNION OF INDIA, THROUGH DEPARTMENT
                               OF POST, MINISTRY OF COMMUNICATIONS
                               AND INFORMATION, TECHNOLOGY GOVERNMENT
                               OF INDIA                                 ..... Respondent
                                              Through: Mr Bhagvan Swarup Shukla, CGSC
                                                       with Mr Sarvan Kumar, Advocate for
                                                       UOI.

                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                       ORDER

% 16.03.2021

1. The petitioner has filed the present petition, inter alia, praying that an Arbitrator be appointed to adjudicate disputes that have arisen between the parties in respect of the Master Service Agreement dated 27.06.2014.

2. Mr Shukla, learned standing counsel appearing for UOI/respondent states that the present petition is premature as the petitioner has not referred the disputes to the Dispute Resolution Board (DRB) in terms of Clause 11.3 of the General Conditions of Contract (GCC).

3. The learned counsel appearing for the petitioner states that the recourse to DRB is illusionary, as the DRB has not been constituted. This is stoutly disputed by Mr Shukla.

4. Undisputedly, the terms of the contract require the parties to refer disputes in the first instance to the DRB before disputes can be referred to Arbitration.

5. In view of the above, this Court consider it apposite to dispose of the present petition by directing that the same be considered as the petitioner's request for reference of the subject dispute to the DRB. If the DRB has not been constituted, the concerned authority shall take steps to constitute the DRB as expeditiously as possible in any event within a period of two weeks from today.

6. It is clarified that all rights and contentions of the parties are reserved.

7. Needless to state that in the event, the parties are unable to resolve the disputes before the DRB, the petitioner is at liberty to take steps for the appointment of an Arbitral Tribunal.

8. The petition is disposed of in the aforesaid terms.

VIBHU BAKHRU, J MARCH 16, 2021 MK Signature Not Verified Digitally Signed By:DUSHYANT RAWAL