Delhi High Court
M/S M P Tyagi Engineers And ... vs Union Of India & Ors. on 7 December, 2021
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.12.2021
+ ARB.P. 1053/2021
M/S M P TYAGI ENGINEERS AND
CONTRACTORS ..... Petitioner
Through Ms. Seema Singh, Adv.
versus
UNION OF INDIA & ORS. .... Respondents
Through Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Sarvan Kumar, UOI
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
1. The present petition has been filed under Section 11 (6) of the
Arbitration and Conciliation Act, 1996 seeking appointment of sole
Arbitrator in terms of Arbitration Clause 70 of IAFW 2249 forming the part
of contract entered between the parties.
2. Petitioner herein is a contractor, who claims to have been engaged by
the respondents, respondent No.1- Union of India and respondent No.2,3 &
4 subordinates of respondent No.1, on several occasions for carrying out
various constructions and other activities.
3. The basis of present petition rests upon Arbitration Clause 70 of
IAFW 2249 forming the part of contract entered between the Parties, which
was entered into pertaining to a work order bearing No.
CEWAC/GUR/26/20 17-18 to the tune of sum of Rs 3,02,26,089.80/-
pursuant to acceptance letter dated 21.09.2017 against a tender for the work
CA NO. CEWAC/GUR/T-52/2017-lS:ADDN ALTN TO SMQ OF SAFED
NAGAR AREA PH I AT VSV GURGAON published on 27.07.2017.
4. It is averred in the present petition that as per the Work Order issued
on 05.10.2017 by the respondent No.4, date of handing over of the site for
the execution of the contract work was 16.10.2017 and date of completion of
the contract work was 15.01.2019.
5. Learned counsel for petitioner submits that the petitioner on
26.10.2017, issued letter seeking approval of samples of various items from
the Respondent /GE (I)(AF)MES GURGAON-122001 and vide letter dated
29.10.2017, submitted names of four supervisors along with tokens for
personnel, for execution of the work at site. Furthermore, sample approval
for certain more items was also requested on the same date vide letter dated
29.10.2017. According to petitioner, the work was successfully completed at
site in all three phases. The completion letter for the work being completed
at site was issued vide letter dated 01.10.2018, 03.03.2019 & 12.03.2020.
Thereafter, certain disputes arose between the parties.
6. According to petitioner, notice dated 05.09.2020 was sent to the
respondents seeking appointment of Arbitrator under condition 70 of IAFW
2249 for adjudication of disputes under the contract Agreement, which was
replied to vide letter dated 07.09.2021 seeking further action. However,
respondents failed to appoint Sole Arbitrator as per the Arbitration Clause.
Therefore, the present petition has been filed.
7. Learned counsel for petitioner submits that Sole Arbitrator may be
appointed to adjudicate the dispute between the parties.
8. Learned counsel appearing on behalf of respondents submits that he
has no objection if sole Arbitrator is appointed for adjudication of dispute
between the parties, however, has brought attention of this Court to a Notice
dated 30.11.2021 issued by the respondent to petitioner herein, nominating
names of three Arbitrators, as suggested by the department.
9. During the course of hearing, counsel appearing both the sides have
consented upon the name of Mr. R.P. Singhal, ADG being appointed as
Arbitrator in this case.
10. Accordingly, the present petition is allowed and Mr. R.P. Singhal,
ADG (Arbitration) (as suggested by respondents) is appointed sole
Arbitrator to adjudicate the dispute between the parties in terms of
Arbitration Clause 70 of IAFW 2249 forming the part of contract entered
between the parties.
11. Since the aforenamed Arbitrator has been appointed with the consent
of the parties, therefore, compliance under Section 12 of Arbitration and
Conciliation Act, 1996 is dispensed with.
12. The present petition stands disposed of accordingly.
13. A copy of this order be sent to the learned Arbitrator for information.
(SURESH KUMAR KAIT)
JUDGE
DECEMBER 07, 2021
rk
