Delhi High Court
Jagjeet Singh vs Union Of India on 9 May, 2022
$~46 to 49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09th May, 2022
+ ARB.P. 64/2022
JAGJEET SINGH ..... Petitioner
versus
UNION OF INDIA ..... Respondent
+ ARB.P. 65/2022
JAGJEET SINGH ..... Petitioner
versus
UNION OF INDIA ..... Respondent
+ ARB.P. 66/2022
JAGJEET SINGH ..... Petitioner
versus
UNION OF INDIA ..... Respondent
+ ARB.P. 67/2022
JAGJEET SINGH ..... Petitioner
versus
UNION OF INDIA ..... Respondent
ARB.P. 64-67/2022 Page 1 of 4
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.05.2022
Signing Date:10.05.2022 12:25:38 20:50
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Advocates who appeared in this case:
For the Petitioner: Ms. Kanika Singh, Advocate
For the Respondent: Ms. Monika Arora, Central Government Standing Counsel
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Petitioner seeks reference of disputes to an Arbitral Tribunal to
be constituted in accordance with Clause 25 of the General Conditions
of Contract between the parties.
2. Learned counsel for the respondent submits that the final bills
submitted by the petitioner have been verified and approved for
payment. She submits that in one case payment of Rs. 37,33,565/- has
already been disbursed and balance payment of Rs. 79,09,179/- in the
remaining three contracts has been cleared and shall be paid subject to
availability of funds.
3. Learned counsel for the petitioner submits that despite the said
payment, the disputes still survive as some of the claims have been
rejected and some claims have been cleared for lesser amount and
even the approved payments have not been released. Besides this
there is also a claim for interest on delayed payments.
4. Learned Counsel for the respondent disputes the claims of the
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.05.2022
Signing Date:10.05.2022 12:25:38 20:50
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Petitioner.
5. However, learned Counsel for the parties submit that though the
work orders are different, common questions would arise for
consideration in all the cases.
6. Since the contentions of the petitioner is that some of the claims
have been rejected and some claims have been short paid and there is
also claim for interest, I am of the view that the disputes between the
parties still survive and thus parties are liable to be referred to
arbitration. Since, it is contended that common issues may arise for
consideration in all the petitions, I am of the view that interest of
justice requires that the disputes be referred to one Arbitrator.
7. Accordingly, without prejudice to their rights and contentions
of the parties, Mr. Baljeet Singh Dhir, Advocate (Mobile No. +91
98110 88103; Email: [email protected]; Chamber No. 336,
Lawyers Chambers Block I, Delhi High Court, New Delhi) is
appointed as the Sole Arbitrator in all the petitions to adjudicate the
claims and counter claims, if any, of the parties.
8. The fees of the learned Arbitrator shall be as per the Fourth
Schedule of the Arbitration and Conciliation Act, 1996.
9. The Arbitrator shall furnish the requisite disclosure under
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.05.2022
Signing Date:10.05.2022 12:25:38 20:50
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
section 12 of the Arbitration and Conciliation Act, 1996 within two
weeks of entering reference.
10. Petitions are allowed in the above terms.
SANJEEV SACHDEVA, J
MAY 9, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:09.05.2022
Signing Date:10.05.2022 12:25:38 20:50
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
