Delhi High Court - Orders
M/S Garg Sons Estate Promoters Pvt Ltd vs National Highways And Infrastructure ... on 28 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 782/2024 & I.A. 30694/2024
M/S GARG SONS ESTATE PROMOTERS PVT LTD..... Petitioner
Through: Mr. Aditya Dhawan and Ms. Kiran
Dhawan, Advs.
versus
NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CORPORATION ..... Respondent
Through: Mr Brijesh Kumar Tamber, Mr
Prateek Kushwaha & Mr. Yashu
Rustagi, Advs. (M:9891125411)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 28.05.2024
1. This hearing has been done through hybrid mode.
I.A. 30694/2024 (for exemption)
2. This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Delhi High Court (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions.
4. Accordingly, the application is disposed of.
ARB.P. 782/20245. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, by the Petitioner- M/s Garg Sons Estate Promoters This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:35:00 Pvt. Ltd. seeking appointment of an Arbitrator in view of the disputes which have arisen between the parties. The Petitioner was awarded a contract for construction in respect of the project "Rehabilitation of Km 181.00 to Km 206.00 section in Andaman Trunk Road of NH-4 to Intermediate lane with hard shoulder in the Union Territory of Andaman & Nicobar Islands (Total Length 25.00 km) on EPC Mode" (Package-VII)" (hereinafter 'project'). The case of the Petitioner is that it had completed and executed the entire construction/rehabilitation of roads work which were awarded. However, the Petitioner incurred losses and damages due to defaults of the Respondent in respect of which it issued notices to the Respondent seeking conciliation. The Respondent, however, took the position that the conciliation would first be by the Respondent itself and not by any independent authority or person.
6. In view thereof, the Petitioner then invoked the arbitration clause under Section 21. Hence the present petition has been filed by the Petitioner.
7. Ld. counsel for the Petitioner fairly submits that the clause in the project contemplates arbitration in terms of the Rules of arbitration prescribed under Society for Affordable Redressal of Disputes (SAROD) arbitration framework. However, it is his submission that even though the said clause may be signed by the parties, SAROD rules require taking of membership by any party who wishes to avail of his services for arbitration and this is onerous upon parties like the Petitioner. He relies upon the decision of the Coordinate Bench of this Court in Rani Construction Pvt. Ltd. v. Union of India, 2024:DHC:2321.
8. Ld. counsel for the Respondent submits that the Petition is not maintainable as the Petitioner ought to have first availed of conciliation.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:35:00
9. Issue notice. Mr Brijesh Kumar Tamber, ld. Counsel accepts notice.
10. Let reply be filed within four weeks. Rejoinder, thereto, be filed within four weeks.
11. In the meantime, parties are free to explore conciliation of disputes amicably through conciliation in terms of the agreement.
12. List on 21st August, 2024.
PRATHIBA M. SINGH, J.
MAY 28, 2024 dj/am This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:35:01