Delhi High Court - Orders
M/S Aryavrat Tollways Pvt. Ltd. (Atpl) vs Madhya Pradesh Road Development Corpn. ... on 24 January, 2024
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 107/2024
M/S ARYAVRAT TOLLWAYS PVT. LTD. (ATPL)
..... Petitioner
Through: Counsel (appearance not given)
versus
MADHYA PRADESH ROAD DEVELOPMENT
CORPN. LTD. (MPRDC) & ANR. ..... Respondents
Through: Mr. Sanjeev Sagar, Standing Counsel
for SBI and Ms. Nazia Parveen, Adv.
for R-2/SBI. (through VC)
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 24.01.2024 I.A. 1834/2024 & I.A. 1835/2024
1. Exemption is granted subject to all just exceptions.
2. The petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.
3. The applications are disposed of.
ARB.P. 107/20244. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties. Clause 9 of the Tripartite Agreement dated 22.05.2014 reads as under:
"9 DISPUTE RESOLUTION 9.1 Any dispute, difference or claim arising out of or in connection with this Agreement which is not resolved amicably 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 25/01/2024 at 23:23:40 within [15] days of communication thereof shall be decided finally by reference to arbitration to a Board of three Arbitrators comprising of one nominee of the Party which is the Claimant is such dispute, one nominee of the Empowered Institution and the third to be appointed in accordance with the Rules of Arbitration of the International Centre of Alternative Dispute Resolution, New Delhi (the "Rules"). Such arbitration shall be held in accordance with the said Rules and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996. 9.2 The Arbitrators shall issue a reasoned award and such award shall be final and binding on the Parties. The venue of arbitration shall be Delhi and the language of arbitration shall be English."
5. Since there were disputes between the parties, the petitioner invoked arbitration vide Legal Notice dated 19.12.2023, however, vide letter dated 22.12.2023, the respondent No.1 denied the applicability of the ICADR Rules.
6. For the said reasons, issue notice.
7. Ms. Parveen, learned counsel accepts notice on behalf of the respondent No.2/SBI.
7. Notice be issued to the respondent No.1 by all modes including electronic on the petitioner taking requisite steps within one week from today, returnable on 11.03.2024.
JASMEET SINGH, J
JANUARY 24, 2024
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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 25/01/2024 at 23:23:40