Villayati Ram Mittal Pvt. Ltd v. Union Of India Through Military Engineer Service & ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 318/2018 VILLAYATI RAM MITTAL PVT. LTD.

..... Petitioner Through:

Ms.G.M.Padma Priya, Mr.Anchit Bhandari, Advs.

versus UNION OF INDIA THROUGH: MILITARY ENGINEER SERVICE AND ANOTHER ..... Respondents Through: Mr.Ashim Sood, CGSC with Ms.Payal Chandra, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.07.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner praying for appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to Contract for provision of OTM accommodation for Faculty of NBCP at CME Pune, being CA No CEPZ/KKE/76 of 2007-08. Disputes having arisen between the parties, the petitioner invoked the arbitration agreement contained in Clause 70 of the General Conditions of Contract vide letter dated 5th October, 2016. The Engineer-in-Chief, who is the appointing authority under the contract, vide letter dated 30th December, 2016 called upon the ChiefEngineer, to examine the request of the petitioner for appointment of the Arbitrator, however, as no further action was taken on the request of the petitioner, the petitioner has filed the present petition.

The counsel for the respondents submits that in fact, there is no dispute between the parties that need to be resolved through arbitration.

As existence of the arbitration agreement and due invocation thereof is not denied by the respondent, I see no impediment in appointing a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the above-mentioned agreement.

I appoint Dr. Mukundakam Sharma, Retired Judge of the Supreme Court, R/o Bungalow No.105, New Moti Bagh, New Delhi110021, Mobile-9818000190 as the Sole Arbitrator for adjudicating such disputes. The Arbitrator shall submit his disclosure statement under Section 12 of the Act with the parties before proceeding with the reference.

The petition is allowed in the above terms with no order as to costs.

I may note that the same Arbitrator is being appointed in three other petitions between the parties by separate orders today as the counsels for the parties submit that the disputes to be adjudicated would be common and the parties are the same. NAVIN CHAWLA, J JULY 23, 2018 RN