Dadheech Lnfrastructures Pvt Ltd Through Its Resolution Professional v. Director General Married Accommodation Project

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 332/2024 DADHEECH LNFRASTRUCTURES PVT LTD THROUGH ITS RESOLUTION PROFESSIONAL .....Petitioner Through:

Mr. Prakhar Tiwari, Mr. Shikhar Tiwari, Advs.

versus DIRECTOR GENERAL MARRIED ACCOMMODATION PROJECT .....Respondent Through:

Mr. Shashank Garg, CGSC with Ms.

Aradhya Chaturvedi, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 23.08.2024 1.

This is a petition filed under Section 11(4) & (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator for adjudication of disputes arising out of the Contract dated 11.102.2013. 2.

The facts of the case are that the respondent invited tenders for construction of residential accommodation for Army at Kapurthala for a contract value of Rs. 71,61,66,729/-.

3.

The petitioner participated in the said bid and was awarded the contract vide Letter of Award dated 19.10.2013.

4.

The General Conditions of Contract of the Contract dated 11.10.2013 contains an arbitration clause being clause 60 which reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 03.11.2023. 6.

Mr. Garg, learned CGSC states that he has no objection to the petition being allowed.

7.

For the said reasons, the petition is allowed and the following directions are issued:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

i) Ms. Justice Mukta Gupta (Retd.) (Mob. No. 9650788600) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996. iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

iv) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

v) The parties shall approach the learned Arbitrator within two weeks from today.

8.

The parties are at liberty to withdraw any / some claims pending before the Resolution Professional and agitate the same before the learned Arbitrator.

9.

The petition is disposed of in the aforesaid terms. JASMEET SINGH, J AUGUST 23, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.