M/S Prateek Construction ... vs Irrigation & Flood Control ...
2019 Latest Caselaw 5353 Del

$~A-4
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Date of decision: 01.11.2019

+      ARB.P. 621/2019

       M/S PRATEEK CONSTRUCTION GOVERNMENT
       CONTRACTOR AND SUPPLIER THROUGH
       MR. VIJAY PAL, ITS SOLE PROPRIETOR      ..... Petitioner
                      Through: Mr. Pradeep Kumar, Advocate

                     versus
       IRRIGATION & FLOOD CONTROL DEPARTMENT & ANR.
                                                   ..... Respondents
                     Through: Mr. Anupam Srivastava, ASC with
                              Ms. Divya Joshi, Advocate for R-1 &
                              2 with Mr. Nagendra Pratap Maurya,
                              EE-CD XIII & AE Rohilla
       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 13427/2019

This is an application seeking condonation of delay of 34 days in re- filing the petition.

For the reasons stated in the application, the same is allowed and the delay of 34 days in re-filing the petition is condoned.

The application stands disposed of.

ARB.P. 621/2019

1. Mr. Anupam Srivastava, Advocate enters appearance and accepts notice on behalf of the respondents. He submits that the respondent has

moved the file before the competent authority for appointment of the Arbitrator.

2. Learned counsel for the petitioner submits that the petitioner had sent a notice dated 16.08.2018 invoking the arbitration agreement between the parties. The respondents have failed to respond to the said notice and appoint an Arbitrator. They have now forfeited their right to appoint their own nominee as an Arbitrator.

3. Mr. Pramod Sehgal, Advocate is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

4. The address and mobile number of the learned Arbitrator is as under:

Mr. Pramod Sehgal, Advocate E-436, Greater Kailash Part-II, New Delhi-110048 Mobile: 9810027366, 9315953028

5. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

6. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

7. The petition is disposed of along with the pending applications in the aforesaid terms.

JYOTI SINGH, J NOVEMBER 01, 2019 Rd/