Delhi High Court
Sarvesh Security Services Pvt Ltd vs Guru Govind Singh Govt Hospital on 13 December, 2021
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13.12.2021
+ ARB.P. 1129/2021
SARVESH SECURITY SERVICES PVT LTD ..... Petitioner
Through Ms. Senha Singh and Ms. Deepika
Singh, Advs.
versus
GURU GOVIND SINGH GOVT HOSPITAL ..... Respondent
Through Nemo.
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) (c) of the
Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator to
adjudicate the disputes with respondent.
2. On the last date of hearing, i.e. 26.11.2021, Mr. Zahid, Advocate had
appeared on behalf of respondent, accepted notice and sought time to take
instructions and assist the Court.
3. Today, even on second call, none has appeared on behalf of
respondent. Thus, it seems that respondent has nothing to oppose the present
petition.
4. Petitioner claims to be a private Ltd. Company incorporated under the
Indian Companies Act, 1956. Petitioner Company provides security services
to Government and private organisations. Respondent is a hospital.
5. As per the averments made in the present petition, vide tender
No.2015_GCSGH_74369_1 dated 02.01.2015, respondent invited tenders
for providing security services to respondent hospital. Thereafter, vide letter
dated 10.04.2015, respondent offered contract for deployment of security
guards in premises of petitioner on the terms and conditions mentioned in
the aforesaid tender. Being successful bidder, respondent awarded the
contract to petitioner vide letter dated 24.04.2015 to deploy the security
guards w.e.f. 01.05.2015.
6. At the hearing, learned counsel for petitioner has submitted that
despite repeated requests, respondent has failed to release a sum of
Rs.62,68,890/- (approximately) to petitioner for the security services
rendered to respondent from May, 2015 till July, 2019. Thereafter, disputes
arose between the parties.
7. It is further submitted that vide letter dated 15.06.2021, petitioner
requested respondent to participate in arbitration in terms of Clause 22 of the
tender, however, respondent has failed to clear dues or to invoke arbitration.
Hence, the present petition has been filed.
8. During the course of hearing, learned counsel for petitioner has
prayed that sole Arbitrator may be appointed through DIAC to adjudicate
the dispute between the parties.
9. In view of the above, the present petition is allowed. Accordingly,
Mr. D.C.Anand, DHJS (Retd) (Mobile: 9910385644) is appointed sole
Arbitrator in this petition to adjudicate the dispute between the parties.
10. 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.
11. The learned Arbitrator shall ensure compliance of Section 12 of
Arbitration and Conciliation Act, 1996 before commencing the arbitration.
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 13, 2021/rk
