M/S Rsbipl-Agc Jv v. Union Of India
$~4 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1589/2024 M/S RSBIPL-AGC JV .....Petitioner Through:
Mr. Abhijit Mittal, Mr. Anukalp Jain, Advs.
Versus
UNION OF INDIA .....Respondent Through:
Mr. Santosh Kumar, SC with Mr.
Kartik Gupta, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 04.04.2025 1.
This is a petition filed under section 11(5) and (6) of Arbitration and Conciliation Act, seeking appointment of arbitrator for adjudication of dispute of between the parties. 2.
In the present case, the petitioner is a Joint Venture Company and the respondent is the NHAI.
The respondent invited tenders for development, maintenance and management of National Highway No. 754K. The petitioner being the L1 bidder was granted Letter of Acceptance vide EPC Agreement dated 07.01.2020. The said Agreement contains arbitration clause being clause No. 26.3 which 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The petitioner completed the invocation mechanism and subsequently issued notice under Section 21 on 31.08.2024. Thereafter, the present petition has been filed.
4.
Mr. Kumar, learned Standing Counsel for the respondent has no objection to the sole arbitrator being appointed. 5.
With consent of parties, the petition is allowed and the following directions are issued:- i) Mr. Justice G.S. Sistani (Retired Judge Delhi High Court) (Mob. No. 9871300034) 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').
iii) The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
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/counterclaims 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
weeks from today.
6.
The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J APRIL 4, 2025 / (MS) 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.