Rajasthan High Court - Jodhpur
Pawansut Infra Projects Pvt Ltd vs Union Of India (2024:Rj-Jd:42282) on 17 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:42282]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Arbitration Application No. 27/2024
Pawansut Infra Projects Pvt Ltd, Having Its Registered Office At
4/182, Sukharia Shopping Centre, Sri Ganganagar, Rajasthan-
335001, Through Its Director And Authorized Signatory, Mr.
Gopal Tayal (Contractor)
----Petitioner
Versus
Union Of India, Through Chief Engineer, Hq (P), Chetak, C/o 56
Apo Rajasthan-931707.
----Respondent
For Petitioner(s) : Mr. Aakash Kukkar
Mr. Meenal Garg through VC
For Respondent(s) : Mr. Subhash Chowdhary
HON'BLE DR. JUSTICE NUPUR BHATI
Order
17/10/2024
1. The instant arbitration application has been filed by the
applicant under Section 11 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as 'Act of 1996') claiming the
following relief(s):-
"(i) An arbitrator may kindly be appointed to resolve
the dispute between the Parties in terms of Clause 35
of Special Conditions of Contract r/w Clause 70 of
General Conditions of Contract (IAFW-2249) which form
part of the Contract between the parties."
2. Learned counsel for the applicant submits that the parties
are bound by Arbitration Clause i.e. Clause 35 of Special
Conditions of Contract r/w Clause 70 of Special Conditions of
agreement CA No.CE(P) CTK 22/2019-20, signed between the
applicant and the respondents, which is reproduced as
hereunder:-
35. Venue of Arbitration:- Place of arbitration hearing
shall be at New Delhi. (HQ of BRO)
[2024:RJ-JD:42282] (2 of 3) [ARBAP-27/2024]
35.1 ARBITRATION (REFER CLAUSE 70 OF CONDITION
OF CONTRACT OF IAFW-2249)
35.2 All disputes or difference arising as aforementioned,
other than those for which the decision of the Accepting Officer
or any other person is by the contract expressed to be final
and binding shall be referred to sole arbitrator under condition
70 of General Condition of Contract IAFW-2249 after written
notice by either party of the contract to the other of them.
"70. Arbitration.- All disputes, between the parties to the
Contract (other than those for which the decision of the C.W.E.
or any other person is by the Contract expressed to be final
and binding) shall, after written notice by either party to the
Contract to the other of them, be referred to the sole
arbitration of an Engineer officer to be appointed by the
authority mentioned in the tender documents.
xxxxxx
xxxxxx"
3. Learned counsel for the applicant seeks appointment of an
arbitrator by this Court while invoking Section 11 of the Arbitration
and Conciliation Act, 1996.
4. Learned counsel for the applicant further submitted that the
applicant sent a legal notice (Annexure-3) dated 06.11.2023 to
the respondents for appointment of arbitrator as per Section 11 of
the Arbitration and Conciliation Act, 1996. But despite that, the
respondents did not take any action in this regard.
5. Learned counsel for the respondent opposes the same.
6. However, after making such submissions, the parties are
seeking an appointment of an independent arbitrator as the sole
Arbitrator to resolve the dispute between the parties.
7. After hearing learned counsel for the parties, this Court finds
that the limited issue in question falls within the ambit of Section
11 of the Arbitration and Conciliation Act, 1996.
8. This Court is conscious of the judgment rendered by the
Hon'ble Apex Court in the case of Perkins Eastman Architects
DPC v. HSCC (India) Ltd., (2020) 20 SCC 760. This Court is
[2024:RJ-JD:42282] (3 of 3) [ARBAP-27/2024]
also conscious of the fact that any further issue(s) can be raised
by either of the parties before the arbitrator, who in turn, shall
deal with the same, strictly in accordance with law.
9. Accordingly, this Court finds that the agreement clause,
relating to appointment of the Arbitrator, is required to be invoked
and as such, the application, filed by the applicant, is allowed and
while exercising the power conferred under Section 11 of the Act
of 1996, this Court deems it appropriate to appoint Hon'ble Mr.
Justice Dinesh Maheshwari, (Former Judge, Supreme Court
of India), Address: C-4, Upper Ground Floor, Green Park
Extension, New Delhi-110016, as the sole Arbitrator to
adjudicate the dispute between the parties. The payment of cost
of arbitration proceedings and arbitration fee shall be made as per
the 4th Schedule appended to the Act of 1996.
10. The intimation of appointment, as aforesaid, may be given by
the counsel for the parties as well as by the Registry to Hon'ble
Mr. Justice Dinesh Maheshwari. The appointment of the Arbitrator
in the present case is subject to the necessary disclosure being
made under Section 12 of the Act of 1996.
(DR. NUPUR BHATI),J
14-amit/-
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