Delhi High Court - Orders
M/S Bcc-Monalisha (Jv) vs Container Corporation Of India Limited on 18 August, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 933/2022
M/S BCC-MONALISHA (JV) ..... Petitioner
Through: Mr. Sidhant Dwibedi & Mr. Aaron
Shaw, Advocates. [M:-
7838095611]
versus
CONTAINER CORPORATION
OF INDIA LIMITED ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 18.08.2022 I.A. 12812/2022(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
ARB.P. 933/2022 & I.A. 12813/2022
1. By way of the present petition under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of an arbitrator to adjudicate disputes arising between the parties under an agreement dated 15.04.2019 ["the Agreement".]
2. Mr. Sidhant Dwibedi, learned counsel for the petitioner, submits that the parties had agreed to the resolution of disputes by arbitration by incorporating an arbitration clause [Clause 64] in the General Conditions Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:19.08.2022 13:26:38 ARB.P. 933/2022 Page 1 of 2 of Contract ["GCC"] of Indian Railways. In terms of Clause 34.5 of the Special Conditions of Contract, Delhi has been designated as the place/seat of arbitration and the Courts in Delhi have been vested with exclusive jurisdiction.
3. Disputes having arisen between the parties, learned counsel for the petitioner addressed a demand notice dated 06.09.2021 to the respondent. As the respondent did not reply to the said notice, learned counsel addressed a further communication dated 11.03.2022 by which the arbitration clause was invoked. Mr. Dwibedi states that the said notice also failed to elicit a response.
4. Issue notice to the respondent by all permissible modes, including email. Service in addition may be effected through the learned Standing Counsel/nominated counsel for the respondent.
5. In the event, the respondent wishes to resist the appointment of an arbitrator, it may file a reply to the petition within three weeks after service positively.
6. List on 13.10.2022.
PRATEEK JALAN, J AUGUST 18, 2022 'pv'/ Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:19.08.2022 13:26:38 ARB.P. 933/2022 Page 2 of 2