Karnataka High Court
Inderjit Mehta Constructions Private ... vs Union Of India on 17 June, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
CIVIL MISCELLANEOUS PETITION NO. 54 OF 2020
BETWEEN:
INDERJIT MEHTA CONSTRUCTIONS PRIVATE LIMITED
A COMPANY INCORPORATED AND REGISTERED UNDER
COMPANIES ACT, 1956
HAVING ITS OFFICE AT: 44-C I FLOOR, KISHAN GARH
POST: VASANT KUNJ, NEW DELHI - 110 070
REPRESENTED BY ITS DIRECTOR
MR. AMARJIT MEHTA.
...PETITIONER
(BY SRI. GANESH BHAT.Y.H., ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY
CHIEF ENGINEER ( AIR FORCE)
MILITARY ENGINEER SERVICES
NO.2, DC AREA MES ROAD
YESHWANTHPURA POST
BENGALURU - 560 022.
2. ENGINEER -IN- CHIEF
DIERCTORATE OF CONTRACT MANAGEMENT
INTEGRATED HQ OF MINISTRY OF DEFENCE (ARMY)
KASHMIR HOUSE, RAJAJI MARG
NEW DELHI - 110 011.
...RESPONDENTS
(BY SRI. UNNIKRISHNAN.M.,, ADVOCATE)
THIS C.M.P. IS FILED UNDER SECTION 11OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO
APPOINT A QUALIFIED ENGINEER PREFERABLY AN RETIRED
ENGINEER OFFICER RECENTLY RETIRED FROM MILITARY
ENGINEER SERVICES HAVING VAST EXPERIENCE OF
ARBITRATION AND TECHNICAL MATTERS AS THE SOLE
2
ARBITRATOR FOR ADJUDICATING THE DISPUTE BETWEEN THE
PETITIONER AND THE RESPONDENTS HEREIN IN TERMS OF
CLAUSE NO 70 OF CONTRACT AGREEMENT: (AF) BAN/35 OF
2015-16 AS ANNEXURE-A AND GRANT SUCH OTHER AND
FURTHER RELIEFS, IN FAVOUR OF THE PETITITONER, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-company and against the respondents seeking appointment of an Arbitrator in pursuance of Condition No.70 of the Contract Agreement along with Military Engineer Services General Conditions of Contract vide Annexure-A dated 29.01.2016.
2. Condition No.70 of the said Agreement, which is an Arbitration clause reads as under:-
"70. Arbitration - Any disputes, between the parties to the Contract (other than those for which the decision of the C.W.E. any other person is by the Contract expressed to be final and binding), shall after written notice by either party to the Contract to the other of them, be referred to the sole arbitration of a Serving Officer having degree in Engineering or equivalent or having 3 passed final / direct final Examination of sub- Division. If of Institution of Surveyor (India) recognised by the Govt. of India to be appointed by the authority mentioned the tender documents.
Xxxxxxxxxxx".
3. It is submitted that the requisite notice of request for reference to arbitration was given by the petitioner to the respondents vide Annexure-C dated 05.08.2019. Since, no reply has been sent by the respondents to the said notice, the petitioner is before this Court by way of this petition to appoint the Technical Arbitrator to resolve their disputes.
4. In view of the aforesaid facts and circumstances coupled with the submissions made by the learned counsel from both sides, since the Arbitration clause exists in the aforesaid Agreement entered into between the parties and an arbitrable dispute also exists, this Court is of the opinion that the present petition deserves to be allowed under Section 11 of the Act and a Technical Arbitrator deserves to be appointed, as the subject matter of the arbitration involves technical and engineering aspects, 4
5. Both the learned counsel have fairly agreed to the appointment of Mr.Sudhir Kumar, Retired ADG, CPWD, Delhi International Arbitration Centre Empanelled Arbitratror, E-mail id: [email protected], Mobile No:9199427074, to act as the Sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996.
6. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Mr.Sudhir Kumar, Retired ADG, CPWD, Delhi International Arbitration Centre Empanelled Arbitratror, E-mail id:
[email protected], Mobile No:9199427074, to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case at the address mentioned above.
(i) All claims and contentions of any of the parties including jurisdiction, limitation, etc., are left / kept open to be decided by the Arbitral Tribunal.
(ii) A copy of this order be sent forthwith to the aforesaid Sole Arbitrator - Mr.Sudhir Kumar, Retired ADG, CPWD, Delhi International Arbitration Centre Empanelled 5 Arbitratror, E-mail id: [email protected], Mobile No:9199427074, for proceeding further in the matter.
(iii) Registry is directed to return all the original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
JUDGE Srl.