M/S Conarch Associates vs Union Of India Through General ...
2022 Latest Caselaw 1272 Del

                                      $~55
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                         Judgment delivered on:      28th April, 2022

                                      +      ARB.P. 258/2019
                                      M/S CONARCH ASSOCIATES                               ..... Petitioner
                                                                versus

                                      UNION OF INDIA THROUGH THE GENERAL
                                      MANAGER, NORTHERN RAILWAYS         ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner:       Mr. Ramnit Singh, Advocate (through VC)

                                      For the Respondent:       Mr. Ashok Singh and Mr. Upendra Nagar,
                                                                Advocates for UOI

                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                                                   JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks reference of disputes to an Arbitral Tribunal in terms of Contract Agreement dated 12.05.2009.

2. Learned counsel for the respondent submits that the contention of the respondent is that agreement has been superseded by the supplementary agreement. However, without prejudice to their rights and contentions, they have no objection to the disputes being referred to a Sole Arbitral Tribunal reserving the right of the respondent to raise a counter claim and raise all admissible disputes in law.

                                                                                               Digitally Signed
Signature Not Verified                                                                         By:JUSTICE SANJEEV
Digitally Signed By:KUNAL

MAGGU                                                                                          Signing Date:28.04.2022
Signing Date:29.04.2022 11:31:08                                                               22:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.

4. With the consent of the parties and without prejudice to their rights and contentions, Mr. Justice A.K. Pathak, former Judge of this Court (Mobile # +91 9910384602; email: [email protected]) is appointed as the Sole Arbitrator to adjudicate the claims and counter- claims, if any, of the parties.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. The petition is disposed of in the above terms.

8. The next date of 29.04.2022 is cancelled.

SANJEEV SACHDEVA, J APRIL28, 2022 'rs'

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL

MAGGU Signing Date:28.04.2022 Signing Date:29.04.2022 11:31:08 22:01 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.