Delhi High Court - Orders
M S Inderjit Mehta Constructions Pvt. ... vs Union Of India & Anr on 12 March, 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, Mr Vineet K.
Wadhwa, Mr Niranjan Chauhan, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr Bhagvan Swarup Shukla, CGSC with
Mr Sarvan Kumar Shukla, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 12.03.2021
1. The petitioner has filed the present petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act'), inter alia, praying that an Arbitrator be appointed.
2. The respondent has opposed the present petition on the ground that the petitioner has not approached the respondent for Conciliation and reference of the disputes to the Disputes Resolution Board (DRB).
3. The learned counsel appearing for the petitioner has referred to Clause 71 of the General Conditions of the Contract, which require that the disputes be referred to the DRB. However, he points out that there is no procedure in the contract for appointment of a DRB/Conciliator.
4. The second Sub-para of Clause 71 expressly provides that "Procedure for the constitution/appointment of DRB/Conciliator shall be as laid down in Signature Not Verified Digitally Signed By:DUSHYANT RAWAL the 'Contract Agreement'." It is the case of the petitioner that such procedure, which was required to be inserted in the Contract between the parties, has not been inserted or agreed to and therefore, the disputes cannot be referred to the DRB
5. Mr Shukla, learned counsel appearing for the respondent states that he shall specifically seek instructions in this regard and respond on the next date of hearing.
6. At his request, list on 17.03.2021.
VIBHU BAKHRU, J MARCH 12, 2021 pkv Signature Not Verified Digitally Signed By:DUSHYANT RAWAL