Delhi High Court
M/S Seighteen Electricals Pvt Ltd vs M/S Gold Square Sales India Pvt Ltd ... on 18 September, 2015
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3232/2014
M/S SEIGHTEEN ELECTRICALS PVT LTD ..... Plaintiff
Through : Mr. Rakesh Kumar, Advocate
versus
M/S GOLD SQUARE SALES INDIA PVT LTD & ANOTHER
..... Defendants
Through : Mr. Naresh K. Daksh, Advocate
for D-1 & 2.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 18.09.2015
IA No.7467/2015 (by D-2 u/Sec.8 of the Arbitration &
Conciliation Act, 1996)
1. The present application has been filed by the defendant No.1
stating inter alia that the parties had entered into the Agreement
dated 11.7.2013, whereunder the plaintiff was awarded a contract for
undertaking electrical work at the office of the defendant No.1 situated
at Plot No.241, Udoyg Vihar Phase-III, Gurgaon, Haryana and the
said Agreement contains an arbitration clause, i.e., Clause No.19,
which is reproduced herein below :
"19. That all question relating to the marking of
specifications, drawings and instructions hereinbefore
mentioned, provided or attached and as to be the quality
of workmanship or material used in the work and all the
disputes and differences which shall arise either during the
progress of the work or after completion thereof
concerning the work or the execution or maintenance
thereof or the construction or meaning of these condition
or as to any other matter arising out of or relating this
agreement or the work to be executed or payments or
refunds to be made in pursuance thereof shall be referred
to the arbitration. The Arbitration proceeds shall be
conducted at New Delhi in accordance with the provisions
of Arbitration and Conciliation Act, 1996 and the decision
of the Arbitration shall be final, conclusive and biding on
the parties to the Agreement."
2. Counsel for the defendant states that in view of the fact that the
parties had agreed to submit themselves to arbitration, the present
suit instituted by the plaintiff for recovery of a sum of Rs.44,18,003.60
ought not to be entertained and instead, an arbitrator be appointed for
adjudicating the claims/counter claims of both sides.
3. Notice. Though the process fee is lying under objections,
learned counsel for the plaintiff enters appearance and accepts notice.
He states, on instructions, that his client does not oppose the prayer
made in the present application and is agreeable to all the disputes
raised in the present suit and the claims, if any, of the defendant
being referred to a Sole Arbitrator for adjudication.
4. Accordingly, the present application is allowed. Justice Kailash
Gambhir (Retd.), (Mobile No.9871300033) is appointed as an
Arbitrator to adjudicate upon all the disputes between the parties,
subject matter of the Agreement dated 11.7.2013. Both parties shall
be entitled to file their claims/counter claims against each other for
adjudication before the learned Arbitrator. The fee of the learned
Arbitrator shall be borne in equal share by both sides, apart from the
out of pocket expenses.
5. The parties along with their counsels are directed to appear
before the learned Arbitrator on 05.10.2015, at 2.30PM, for setting
down a schedule for conducting the arbitral proceedings.
6. The suit and the application are disposed of, in terms of the
orders passed hereinabove. A copy of this order shall be forwarded
forthwith to the learned Arbitrator for information.
HIMA KOHLI, J
SEPTEMBER 18, 2015
sk/ap
