Ms G4s Security Services India Pvt Ltd v. Ms Valley Iron And Steel Co Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 183/2024 MS G4S SECURITY SERVICES INDIA PVT LTD. ..... Petitioner Through:

Mr. Sanjiv Bahl, Mr. Eklavya Bahl, Ms. Apoorva Bahl & Mr. Pawas Agarwal, Advs. (M: 9891122330) versus MS VALLEY IRON AND STEEL CO LIMITED ..... Respondent Through:

Mr. Siddharth Singh, Advocate. (M:

9958969007)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 05.04.2024 1.

This hearing has been done through hybrid mode. 2.

This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, 'the Act') seeking appointment of independent Arbitrator.

3.

The case of the Petitioner is that it had provided security services to the Respondent at their sites in Warangal, Andhra Pradesh and Bulandshahar, Uttar Pradesh in terms of contract dated 25th March, 2022. It is stated that the Petitioner duly provided security services at respondent's sites with effect from 15th April, 2022 as per the instructions and requirements of the Respondent in terms of the agreement. The Petitioner is stated to have submitted invoices periodically, receiving partial payments from the Respondent.

4.

It is averred that there are defaults in making the payments as per agreement dated 25th March, 2022. The agreement was, therefore, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2024 at 11:50:01

terminated and the Petitioner seeks to recover a sum of Rs.29,68,748/- along with 2% monthly interest as stipulated in the agreement. 5.

Arbitration has been invoked vide notice dated 19th May, 2023. However, in reply, dated 3rd June, 2023, to the said notice, the Respondent takes a position that the Petitioner was in breach of the contractual obligations.

6.

On 8th February, 2024 notice was issued to the Respondent. 7.

Respondent has entered appearance today and submits that the Respondent is willing to settle the disputes with the Petitioner. 8.

Accordingly, Mr.

Ratnesh Sharma, Advocate (M:+91 8448722439), who is present in Court, is appointed as the Sole Arbitrator in the matter. The proceedings shall be conducted under the aegis of the DIAC. The fee of the Arbitrator shall be paid in terms of the Fourth Schedule of the Act as amended by DIAC Rules, 2023.

9.

In the meantime, since the parties willing to explore the amicable resolution of disputes, the parties are referred to the Delhi High Court Mediation and Conciliation Centre.

10.

List before the Mediation Centre on 15th April, 2024 at 3:00 pm. 11.

List before the DIAC on 15th July, 2024. Let a copy of the present order be emailed to Secretary, DIAC on email iddelhiarbitrationcentre@gmail.com.

12.

Accordingly, the petition and pending applications, if any, are disposed of in the above terms.

PRATHIBA M. SINGH, J.

APRIL 5, 2024/dk/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2024 at 11:50:01