Sudhakar Samal v. Govt. Of NCT Of Delhi Through The Executive Engineer
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1327/2024 SUDHAKAR SAMAL ..... Petitioner Through:
Mr Yugal Kishor Prasad, Adv.
versus GOVT. OF NCT OF DELHI THROUGH THE EXECUTIVE ENGINEER ..... Respondent Through:
Ms Rachita Garg, Ms Preeti Chauhan and Mr Agam Rajput, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 29.08.2024 I.A. 37637/2024 1.
This is an application seeking condonation of 35 days delay in refiling the present petition. 2.
In view of the submissions made by learned counsel and for the reasons stated in the application, the delay of 35 days in re-filing the present petition is condoned.
3.
The application is disposed of.
ARB.P. 1327/2024 4.
This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of agreement dated 30.06.2022.
5.
The arbitration clause is Clause 25 of the GCC and 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 09.10.2023. Thereafter the present petition has been filed.
7.
For the said reasons, issue notice.
8.
Ms Preeti Chauhan, learned counsel on behalf of Ms Rachita Garg, Advocate, appears for the respondent and states that she has no objection to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the petition being allowed.
9.
For the said reasons and in view of the no objection, the petition is allowed. Since the parties are still having disputes between them, the following directions are issued:- i) Mr. Shashwat Bajpai, Advocate (Mob. No. 9811208936) 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.
10.
The petition is allowed and disposed of in the aforesaid terms. 11.
Pending applications, if any, are hereby disposed of. JASMEET SINGH, J AUGUST 29, 2024/sr 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.