R K Jain And Sons Hospitality Services Private Limited v. New Delhi Municipal Council

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 953/2024 R K JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED .....Petitioner Through:

Mr.

Akshit Sachdeva & Mr.

Mayank Jain, Advocates.

versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through:

Mr.

Raghuvinder Varma, Additional Standing Counsel with Mr.

Asheesh Kumar Mishra, Assistant Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 08.07.2024 I.A. 32564/2024(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

ARB.P. 953/2024 1.

By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate disputes between the parties under a Works Contract dated 08.09.2021 ["the Contract"]. The Contract contains an arbitration clause [Clause 25], which provides for adjudication of disputes by a sole arbitrator. New Delhi has been designated as the place of arbitration.

ARB.P. 953/2024 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 02/07/2025 at 00:09:59

2.

Disputes having arisen between the parties, the petitioner invoked arbitration by a communication dated 18.04.2024, to which there was no response.

3.

Mr. Raghuvinder Varma, learned Additional Standing Counsel, appears on behalf of the respondent and states that a major proportion of the amount due under the Contract has already been paid to the petitioner. Nevertheless, he does not dispute the existence of the arbitration clause and therefore accepts that an arbitrator may be appointed, leaving all contentions as to maintainability and merits of the claims open for adjudication by the arbitrator.

4.

Having regard to the admitted existence of the arbitration clause and with the consent of parties, the petition is allowed and the disputes between the parties are referred for adjudication under the aegis of Delhi International Arbitration Centre, Shershah Road, New Delhi-110503 ["DIAC"]. DIAC is requested to nominate an arbitrator from its panel. 5.

The arbitration proceedings will be governed by the Rules of DIAC, including as to the remuneration of the learned arbitrator. 6.

The learned arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference. 7.

It is made clear that all rights and contentions of the parties are left open for adjudication by the learned arbitrator. 8.

The petition stands disposed of in these terms. PRATEEK JALAN, J JULY 8, 2024 'pv'/ ARB.P. 953/2024 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 02/07/2025 at 00:09:59