Delhi High Court - Orders
Mi2C Security And Facilities Private ... vs Institute Of Human Behaviour And Allied ... on 23 March, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~10(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 186/2022
MI2C SECURITY AND FACILITIES PRIVATE LIMITED
..... Petitioner
Through: Mr. Rajesh Gogna, Mr. Rahul Verma
and Ms. Priya Singh, Advocates.
versus
INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED
SCIENCES THROUGH ITS DIRECTOR ..... Respondent
Through: Mr. Tushar Sannu, Standing Counsel
(IHBAS) along with Ms. Himani
Verma, Advocate and Mr. Abdul
Qadir, CL, IHBAS.
(Mob. No. 9911991166)
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 23.03.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. This petition under section 11 of the Arbitration and Conciliation Act, 1996, seeks the appointment of an Arbitrator, in terms of the arbitration clause 22 of General Condition of Contract, the said clause reads, inter alia, as under:
22. DISPUTERESOLUTION:
(a) Any financial dispute and/ or difference arising out of or relating to this contract will be resolved amicably through joint discussion of the authorized representatives of the concerned parties. However, if the disputes are not Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:23.03.2022 23:28:26 resolved by joint discussions, then the matter will be referred for adjudication to a sole Arbitrator to be appointed by the Lt. Governor, Delhi.
(b) The award of the sole Arbitrator shall be final and binding on all the parties. The arbitration proceedings shall be governed by Indian Arbitration and Conciliation Act 1996, as amended from time to time.
(c) The cost of Arbitration shall be borne by the respective parties in equal proportions. During the pendency of the arbitration proceeding and if the period of contract is still valid, neither party shall be entitled to suspend the work/ service to which the dispute relates on account of the arbitration and payment to the Contractor shall continue to be made in terms of the contract. Arbitration proceedings will be held in Delhi only.
2. Accordingly, Ms. Anita Sahani, Advocate (Mob. No.9810113256) is appointed as the Arbitrator. The parties shall appear before the learned arbitrator in two weeks from today for arbitral proceedings.
3. The petition stands disposed-off, in terms of the above.
NAJMI WAZIRI, J MARCH 23, 2022 RW Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:23.03.2022 23:28:26