Delhi High Court
Asha Enterprises Pvt. Ltd Through ... vs Delhi Metro Rail Corporation Ltd. on 11 December, 2019
$~A-84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.12.2019
+ ARB.P. 833/2019
ASHA ENTERPRISES PVT. LTD THROUGH SHRI LOVE
SHARMA EXECUTIVE DIRECTOR ..... Petitioner
Through: Mr. Sanjay Bansal, Advocate
versus
DELHI METRO RAIL CORPORATION LTD. ..... Respondent
Through: Mr. Arjun Natarajan, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
I.A. No.17517/2019
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
ARB.P. No.833/2019
1. Issue notice.
2. Mr. Arjun Natarajan, Advocate enters appearance and accepts notice
on behalf of the respondent. He submits on instructions from the respondent
that he has no objection to the petition being allowed and the Arbitral
Tribunal being constituted.
3. The Arbitration Clause between the parties reads as under:
"If the efforts to resolve all or any of the disputes through conciliation
fails, then such disputes or differences, whatsoever arising between
the parties, arising out of touching or relating to
construction/manufacture, measuring operation or effect of the
Contract of the breach thereof shall be referred to Arbitration in
accordance with the following provisions:
(a) Matters to be arbitrated upon shall be referred to a sole
Arbitrator if the total value of the claim is upto 5 million and to
a panel of three Arbitrators if total value of claims is more than
Rs.5 million and a penal of five Arbitrators which may also
include DMRC officers for claims of more than Rs.5 million.
The Contractor shall have to choose the sole Arbitrator from the
panel of three and/or one Arbitrator from the panel of five in
case three Arbitrators are to be appointed. The Employer shall
also choose one Arbitrator from the panel of five and the two so
chosen will choose the third arbitrator from the panel only. The
Arbitrator(s) shall be appointed within a period of 30 days from
the date of receipt of written notice/demand of appointment of
Arbitrator from either party. Neither party shall be limited in
the proceedings before such arbitrator(s) to the evidence or
arguments put before the Engineer for the purpose of obtaining
his decision. No decision given by the Engineer in accordance
with the foregoing provisions shall disqualify him from being
called as a witness and giving evidence before the arbitrator(s)
on any matter, whatsoever, relevant to dispute or difference
referred to arbitrator/s. The arbitration proceedings shall be
held in Delhi only. The language of proceedings that of
documents and communication shall be English.
(b) The Employer at the time of offering the panel of Arbitrator(s)
to be appointed as Arbitrator shall also supply the information
with regard to the qualifications of the said Arbitrator
nominated in the panel along with their professional experience,
phone nos. and addresses to the contractor.
(c) The award of the sole Arbitrator or the award by majority of
three Arbitrators as the case may be shall be binding on all
parties."
4. The Respondent will provide a panel of five Arbitrators to the
petitioner who will then nominate one Arbitrator from the said panel and the
respondent will nominate his Co-Arbitrator. The two Arbitrators appointed
will thereafter appoint a third Arbitrator to constitute the Arbitral Tribunal.
This exercise would be completed within a period of one month from today.
5. The learned Arbitrators shall give disclosure under Section 12 of the
Act before entering upon reference.
6. Fee of the Arbitrators shall be fixed as per Fourth Schedule of the Act.
7. The petition is allowed, with the consent of the parties, in the aforesaid
terms.
JYOTI SINGH, J
DECEMBER 11, 2019
rd/
