Stpl Horticulture Private Limited v. Northern Railways
$~14 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 600/2025 STPL HORTICULTURE PRIVATE LIMITED .....Petitioner Through:
Mr. Bhargavi Kannan, Mr. Abhijeet Swaroop & Ms. Shivani Karmakar, Advs.
versus NORTHERN RAILWAYS .....Respondent Through:
Mr. Saksham Sethi, Adv. for Mr.
Vineet Dhanda, CGSC.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 27.05.2025 1.
This is a petition filed under section 11 (6) of Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties.
2.
The petitioner and respondent entered into a Power Purchase Agreement dated 25.03.2019, wherein the petitioner had commissioned a Solar Power Plant, which supplied the energy requirements of the respondent.
3.
Clause 33 of the said Agreement provides for disputes resolution and the same is extracted below:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
On 31.08.2022, disputes arose between the parties and the petitioner invoked conciliation process on 13.08.2024. The parties also met, but were unable to arrive at a mutually agreeable solution. 5.
Thereafter, the petitioner invoked the arbitration clause vide Legal Notice dated 25.01.2025 and filed the present petition. 6.
Mr. Sethi, learned counsel for and on behalf of Mr. Vineet Dhanda, learned CGSC appears for the respondent and states that he has no objection to appointment of an Arbitrator as long as claims and counter-claims are left open.
7.
Since the amount in dispute seems to be less, I am inclined to appoint a Sole Arbitrator.
8.
For the said reasons, the petition is allowed and the following directions are issued:- i) Mr.
Anupam Srivastava, Senior Advocate (Mob.
No.
9811032151) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC').
iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
v) 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.
vi) The parties shall approach the learned Arbitrator within two weeks from today.
9.
The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J MAY 27, 2025/pk 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.