M/S Pioneer Hoticulturist Pvt Ltd v. Delhi Urban Shelter Improvement Board Govt Of National Capital Of Delhi
$~6 to 9 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 85/2024 M/S PIONEER HOTICULTURIST PVT LTD ..... Petitioner Through:
Mr.
Apurva Upmanyu and Ms.
Aparna Vishal, Advs.
versus DELHI URBAN SHELTER IMPROVEMENT BOARD GOVT OF NATIONAL CAPITAL OF DELHI ..... Respondent Through:
Mr.
Naveen Raheja, Adv.
(M:
9810129691) WITH + ARB.P. 86/2024 M/S PIONEER HOTICULTURIST PVT. LTD.
..... Petitioner Through:
Mr.
Apurva Upmanyu and Ms.
Aparna Vishal, Advs.
versus DELHI URBAN SHELTER IMPROVEMENT BOARD GOVT OF NATIONAL CAPITAL OF DELHI ..... Respondent Through:
Mr. Naveen Raheja, Adv.
WITH + ARB.P. 87/2024 M/S PIONEER HOTICULTURIST PVT LTD.
..... Petitioner Through:
Mr.
Apurva Upmanyu and Ms.
Aparna Vishal, Advs.
versus DELHI URBAN SHELTER IMPROVEMENT BOARD GOVT OF NATIONAL CAPITAL OF DELHI ..... Respondent Through:
Mr. Naveen Raheja, Adv.
AND + ARB.P. 88/2024 M/S PIONEER HOTICULTURIST PVT LTD.
..... Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Through:
Mr.
Apurva Upmanyu and Ms.
Aparna Vishal, Advs.
versus DELHI URBAN SHELTER IMPROVEMENT BOARD GOVT OF NATIONAL CAPITAL OF DELHI ..... Respondent Through:
Mr. Naveen Raheja, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 28.02.2024 1.
This hearing has been done through hybrid mode. 2.
ARB.P.85/2024 & ARB.P.86/2024 are two petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator in terms of the general conditions of contract/ Work Orders dated 5th March, 2019 between the parties. The case of the Petitioner is that the security amount has not been refunded, which is to the tune of Rs.1,27,698/- and Rs. 1,74,888/- in each of the petitions respectively. 3.
Insofar as ARB.P.87/2024 & ARB.P.88/2024 are concerned, these two petitions are also filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Sole Arbitrator in terms of the general conditions of contract. The disputes between the parties arise out Work Orders dated 5th March, 2019 and 7th February, 2019 respectively, entered into by the parties for development of Horticulture work. The case of the Petitioner is that in the present matters, the amounts, in terms of the work orders executed, have not been paid to the Petitioner which is Rs. 1,34,120/- and Rs. 2,57,410/- respectively.
4.
Notice was issued in these petitions on 22nd January, 2024 and notice was accepted by Mr. Parvinder Chauhan, ld. Counsel on behalf of DUSIB. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Today, it is submitted that an Arbitrator may be appointed. 5.
In terms of clause 25 of GCC, a Sole Arbitrator is to be appointed in these matters for adjudicating the disputes between the parties.
Accordingly, Ms. Mrinalini Sen, Advocate [M:9873367274] is appointed as the Sole Arbitrator. Arbitration shall be conducted under the aegis of the DIAC. The fee shall be paid in terms of 4th schedule as modified by DIAC Rules. Let a copy of the present order be emailed to Secretary, DIAC on email id- delhiarbitrationcentre@gmail.com.
6.
List before the DIAC on 18th March, 2024.
7.
Petitions are disposed of.
PRATHIBA M. SINGH, J.
FEBRUARY 28, 2024/dk/ks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.