Delhi High Court
M/S Asha Enterprises Pvt. Ltd ... vs Govt. Of Nct Of Delhi on 9 February, 2022
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 09.02.2022
+ ARB.P. 907/2021
M/S ASHA ENTERPRISES PVT. LTD THROUGH: SHRI LOVE
SHARMA, DIRECTOR ..... Petitioner
Through: Mr.Sanjay Bansal, Advocate
Versus
GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Shlok Chandra, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
1. The present petition has been filed by the petitioner under Section 11
(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of
Arbitrator for adjudication of disputes with respondent.
2. Petitioner/company claims to have entered into an Agreement with
the respondent for construction of additional class rooms in SKV No.2,
Sagarpur SPS School Building and other related works. According to the
Agreement, the work was to commence on 19.02.2016 and completed on
03.07.2016. However, the work could be completed on 14.12.2017.
3. According to petitioner, the delay in execution of work is attributable
to the respondent as drawings were not provided in time, there were delays
in making decisions at the end of respondent and also there was delay in
releasing the payments. Thereby, several disputes arose between the parties,
for resolution of which petitioner claims to have written letters dated
24.07.2020 and 19.08.2020 to the respondent, in response to which vide
letter dated 22.08.2020, respondent denied all the claims. Further again,
petitioner claims to have written various letters to the Chief Engineer of
respondent, who vide letter dated 05.08.2021 rejected the request of
petitioner for appointment of Arbitrator. Hence, the present petition has been
filed.
4. During the course of hearing, learned counsel for petitioner has
submitted that the disputes between the parties have to be resolved by
arbitration in terms of Clause 25 of the Agreement and therefore, this Court
may appoint an arbitrator for adjudication of disputes with respondent.
5. Learned counsel for respondent has entered appearance on advance
notice and he submits that though the claims raised in the present petition
are disputed, however, since disputes are arbitrable, this Court may appoint
an independent arbitrator.
6. Accordingly, the present petition is allowed and Sugan Lal Meena
(EX. ADG PWD) (Mobile: 987421661) is appointed the sole Arbitrator to
adjudicate the dispute between the parties.
7. 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 (DIAC) (Administrative Cost and Arbitrators Fees)
Rules, 2018.
8. The learned Arbitrator shall ensure compliance of Section 12 of
Arbitration and Conciliation Act, 1996 before commencing the arbitration.
9. The present petition and pending application, if any, are accordingly
disposed of.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 09, 2022
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