Delhi High Court
Simplex Infrastructures Limited vs Director General Married ... on 25 October, 2021
$~30 & 31 (original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 914/2021
SIMPLEX INFRASTRUCTURES LIMITED ..... Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with
Mr. Aayush Agarwala, Mr. Debraj Sahu,
Mr.Parag Chaturvedi and Ms. riya Gulati,
Advs.
versus
DIRECTOR GENERAL MARRIED ACCOMMODATION
PROJECT ..... Respondent
Through: Mr. Chetan Sharma, ASG with
Mr.Harish Vaidyanathan Shankar, CGSC
and Miss S Bushra Kazim, Adv.
+ O.M.P.(I) (COMM.) 258/2021 & I.A.10164/2021,
I.A.12505/2021, I.A.12627/2021
SIMPLEX INFRASTRUCTURES LTD ..... Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with
Mr. Aayush Agarwala, Mr. Debraj Sahu,
Mr.Parag Chaturvedi and Ms. Riya Gulati,
Advs.
versus
DIRECTOR GENERAL MARRIED ACCOMMODATION
PROJECT ..... Respondent
Through: Mr. Chetan Sharma, ASG with
Mr. Harish Vaidyanathan Shankar, CGSC
and Ms. S Bushra Kazim, Adv.
Signature Not Verified
Digitally Signed ARB.P. 914/2021 & OMP(I)(COMM) 258/2021 Page 1 of 4
By:SUNIL SINGH NEGI
Signing Date:29.10.2021
11:48:31
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 25.10.2021
ARB.P. 914/2021
1. No affidavit has been filed in terms of the order dated 16th
August, 2021, despite more than two months having elapsed since the
said date.
2. At this stage, Mr. Chetan Sharma, learned Additional Solicitor
General for the respondent submits that he has no objection to the
disputes between the parties being referred for arbitration, as prayed
by the petitioner in Arb.P. 914/2021, OMP (I) (Comm) 258/2021
being referred for decision to the learned Arbitrator treating as an
application under Section 17 of the Arbitration and Conciliation Act,
1996 and the interim order dated 16th August, 2021 continuing to
remain in force till the decision is taken by the Arbitrator on OMP (I)
(Comm) 258/2021 and subject to any orders that the Arbitrator wishes
to pass.
3. In view of this eminently fair submission, the necessity of
setting out the disputes between the parties stand obviated.
4. Learned Counsel for both sides request that the matter may be
referred to a Retired Judge of the Supreme Court, given the demand
involved which is stated to be to the tune of ₹1.30 crores.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:29.10.2021
11:48:31
5. Accordingly, this Court refers the disputes between the parties
for arbitration to Justice Deepak Gupta (an eminent Retired Judge of
Supreme Court) who is requested to arbitrate on the disputes. Detail
of the learned Arbitrator is as under:
Mobile No. : 9816533333
Email ID : [email protected]
6. The learned Arbitrator would be entitled to charge fees in
accordance with the Fourth Schedule to the 1996 Act or as otherwise
fixed by the learned Arbitrator in consultation with the parties. The
learned Arbitrator is also requested to file the requisite disclosure
under Section 12(2) of the 1996 Act within a week of entering on the
dispute.
O.M.P.(I) (COMM.) 258/2021
7. This petition is disposed of by referring the petition as an
application under Section 17 for decision before the learned Arbitrator
appointed by the order passed today. In order to avoid delay, the
petitioner would not be required to file a fresh application under
Section 17 and may present this petition before the learned Arbitrator
who may treat the present petition as an application under Section 17
of the 1996 Act and proceed to decide the same in accordance with
law.
8. The order dated 16th August, 2021 shall continue to remain in
operation pending further orders passed by the learned Arbitrator or
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:29.10.2021
11:48:31
till the learned Arbitrator takes a decision on OMP (I) (Comm)
258/2021. Both petitions stand disposed of in the aforesaid terms.
9. Given the quantum of the claim involved, Mr. Chetan Sharma,
learned ASG submits that the learned Arbitrator may be requested to
decide the Section 17 application as expeditiously as possible. The
request is noted.
C. HARI SHANKAR, J
OCTOBER 25, 2021/kr
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:29.10.2021
11:48:31
