M/S Raghav Engineers v. Govt.Nctd Through The Director

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 58/2020 M/S RAGHAV ENGINEERS ..... Petitioner Through:

Mr. R. Rajappan and Mr. Rajsree Ajay, Advs.

versus GOVT.NCTD THROUGH THE DIRECTOR ..... Respondent Through:

Mr.

Anjum Javed, ASC and Mr.Devendra Kumar, Advs.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 27.01.2020 I.A. 1109/2020 (exemption) 1.

Exemption granted subject to all just exceptions. 2.

The application is disposed of.

ARB.P. 58/2020 3.

The present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeks appointment of an Arbitrator, as per Clause 25 of the contract, to adjudicate the disputes and differences that have arisen between the parties herein in respect of RCC framed structure of Delhi State Cancer Institute.

4.

Learned counsel for the petitioner submits that despite being served with a notice dated 21.09.2019 calling upon it to suggest the name of Arbitrator, the respondent has failed to respond. 5.

Issue notice. Mr.Anjum Javed, ASC who appears on advance

notice, submits that without prejudice to his submissions that the petitioner's claim is not maintainable, he does not object to the disputes being referred for arbitration.

6.

In view of the stand taken by the learned counsel for the respondent, the parties are referred to arbitration and Ms.Kusum Dhalla, Advocate is appointed as the sole Arbitrator to adjudicate the disputes and differences between the parties. The arbitration proceedings and the appointment of the said Arbitrator shall be regulated by the Rules of the Delhi International Arbitration Centre. The parties will file their claim, counter claim before the Arbitrator in accordance with law on 24.02.2020. In case this date is not convenient to the learned Arbitrator, she will inform the parties accordingly and fix the date as per her convenience. 7.

A copy of this order be sent to Ms. Kusum Dhalla, Advocate for information.

8.

The petition stands disposed of.

REKHA PALLI, J.

JANUARY 27, 2020 „sdp‟