Delhi High Court - Orders
M S Inderjit Mehta Constructions Pvt. ... vs Union Of India & Anr on 15 February, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 56/2021
M S INDERJIT MEHTA CONSTRUCTIONS PVT. LTD.
..... Petitioner
Through Mr. Praveen Chauhan, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Sarvan Kumar Shukla, Adv.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 15.02.2021 [Hearing held through videoconferencing]
1. Mr. Shukla, the learned CGSC appearing for the respondents has referred to Clause 71 of the Contract and submits that since the claims exceed ₹10 crore, the disputes are required to be referred to the Dispute Resolution Board (DRB) at the first instance.
2. The learned counsel appearing for the petitioner submits that the Contract does not provide for any procedure for constitution of DRB. He submits that after the Contract was entered into, a Circular was issued providing that the procedure for appointment of DRB to be incorporated in the Contract by way of amendment. However, the Contract between the parties was not amended. Thus, although the Contract provides for reference of DRB at the first instance, there is no procedure for constitution of such DRB.
3. Let reply be filed within a period of one week from today. Reply filed by the respondent shall specifically refer to the relevant clauses, if any, regarding constitution of DRB.
4. List on 12.03.2021.
VIBHU BAKHRU, J FEBRUARY 15, 2021 dr