Rg Icon, Plumbing And ... vs Bptp Ltd.
2021 Latest Caselaw 3392 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                            Date of decision: 09.12.2021
+     ARB.P. 970/2021
      RG ICON, PLUMBING AND FIREFIGHTING
      CONTRACTORS                                        ..... Petitioner
                          Through      Mr. Sanjay Goswami, Adv.

                          versus

      BPTP LTD.                                          ..... Respondent
                          Through      Mr. Nitish K. Sharma, Adv.

      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 Sections 11 (5) & 11 (6) of

the Arbitration and Conciliation Act, 1996 seeking appointment of sole

Arbitrator to adjudicate the disputes with respondent.

2. As per the averments made by petitioner, petitioner is a partnership

firm dealing in Firefighting and Plumbing contracts. Petitioner was awarded

work contract by the respondent for plumbing sanitary fixtures and fitting

for the project known as Park Elite Premium, Sector-84, Faridabad, Haryana

vide Work Order No.BPTP /Parkland /PEP/S84/17/WO-69 dt 23.05.2017

for contract value of Rs.1,84,54,537/-. The work order was amended number

of times as to contract value and lastly by the letter of the respondent dated

20.08.2020 and its value was reduced from Rs.1,84,54,537/- finally to

Rs.1,22,71,221/-. The work under the original Work Order was to be

completed within a period of nine months. Petitioner with an intention to

timely complete the work gathered its equipments and personnel etc.

Respondent, however, on various counts delayed execution of work as a

result of which, the staff, labour & equipments of petitioner were kept idle.

Thereafter, disputes arose between the parties.

3. Petitioner sent a legal notice to respondent on 08.07.2021 for invoking

arbitration in terms of the Arbitration clause of the Work Order dated

08.07.2021. However, respondent failed to respond to the notice. Therefore,

the present petition has been filed.

4. Pursuant to order dated 09.11.2021, Mr. Nitish K. Sharma, appears

before this Court and has not objected to the appointment of sole Arbitrator

for adjudication of dispute between the parties.

5. In view of the above, the present petition is allowed. Accordingly,

Mr. Sukumar Pattjoshi, Senior Advocate (Mobile: 9810021791) is

appointed sole Arbitrator in this petition to adjudicate the dispute between

the parties.

6. The arbitration shall be conducted under the Delhi International

Arbitration Centre (DIAC). The fee of the Arbitrator shall be in accordance

with the schedule of fees prescribed under the Delhi International

Arbitration Centre (Administrative Cost and Arbitrators' Fees) Rules, 2018.

7. The learned Arbitrator shall ensure compliance of Section 12 of

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

8. The present petition stands disposed of accordingly.

9. A copy of this order be sent to the learned Arbitrator for information.

(SURESH KUMAR KAIT) JUDGE DECEMBER 09, 2021 rk