M/S Aee Engineeers And Contactors ... vs Ignou Through Its Vice Chancellor
2022 Latest Caselaw 125 Del

$~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                              Date of decision: 12.01.2022
+     ARB.P. 1093/2021
      M/S AEE ENGINEEERS AND CONTACTORS
      & ANR.                            .... Petitioners
                           Through      Mr. Mukesh Goyal, Adv.

                           versus

      IGNOU THROUGH ITS VICE CHANCELLOR ..... Respondent
                  Through    None

      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) of the

Arbitration and Conciliation Act, 1996 seeking appointment of sole

Arbitrator to adjudicate the disputes inter se the parties.

2. Petitioner No.1 is the proprietorship firm of petitioner No.2 and is

engaged in the business of supply and maintenance of electrical jobs etc.

3. As per the averments made in the present petition, respondent

awarded the work of operation of 5 Electric Sub-Station Equipment installed

in ESS-1 2, 4,5 & 10 at IGNOU Campus, Maidan Garhi, New Delhi vide

letter for commencement No.IG/ CMD/ EE/ 2015-16/ 1552 dated

18.11.2015 after conveying acceptance of his quotation vide letter

No.IG/CMD/EE(E)/2015-16/1549 dated 17.11.2015. Subsequently,

Agreement No.IG/CMD/EE(E)/WO/2015-16 dated 19.11.2015 was

executed between the parties. Contract was further extended several times,

However, when petitioners raised the bills from time to time for the work

executed by it, the respondent failed to make payment. The payments

towards bills dated 23.04.2018 and 21.06.2018 are still due. ESI and PF

reimbursement towards bills dated 01.11.2017, 23.04.2018 and 21.06.2018

amounting to Rs. 63 Lakhs are also due. Petitioners requested for the release

of amount of their bills to respondent several times through various

communications including Letter dated 21.06.2018, e-mails dated

04.08.2018 as well as by letter dated 06.01.2020 to EE (E) and other

Officers to release due payments but respondents failed to make the said

payments. Thereafter, disputes arose between the parties.

4. Learned counsel for petitioners submits that petitioners served a

notice dated 09.04.2021 upon respondent invoking Arbitration in terms of

Clause 10 of the Agreement, however, respondent failed to do so. Hence, the

present petition has been filed.

5. On 02.12.2021, notice was issued to respondent and as per office

report, respondent is served, however, none has appeared on its behalf. It

seems that respondent has nothing to oppose in the present petition.

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

P.C. Ranga, DHJS (Retd.) (Mobile:9868905228) is appointed sole Arbitrator

to adjudicate the dispute between the parties.

7. The fee of the learned Arbitrator shall be governed by the Fourth

Schedule of the Arbitration and Conciliation Act, 1996.

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

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

9. The present petition stands disposed of accordingly.

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

(SURESH KUMAR KAIT) JUDGE JANUARY 12, 2022/rk