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High Court of DelhiARB.P./444/2018

Hindustan Construction Company Through Its Partner Sh. Nirmal Sharma v. Union Of India Through Sr. Divisional Engineer-Ii & ANR.

2018-07-24Hon'Ble Mr. Justice Navin Chawla2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 444/2018 HINDUSTAN CONSTRUCTION COMPANY THROUGH: ITS PARTNER SH. NIRMAL SHARMA ..... Petitioner Through:

Mr. Ankit Tyagi, Adv.

versus UNION OF INDIA THROUGH: SR. DIVISIONAL ENGINEER-II & ANR.

..... Respondents Through:

Mr. J.K. Singh, Standing Counsel for Railway with Mr. Harsh Pandit, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.07.2018 This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Letter of Acceptance no. 770W/169/WA-1/1038-PTK issued by the Officer of Senior Divisional Engineer (II).

The Arbitration Agreement between the parties is contained in Clause 64 (3)(a)(i) of the General Condition of Contract. During the course of hearing the respondent has handed over a list of empanelled arbitrators to the counsel for the petitioner. Learned counsel for the petitioner is agreeable to the appointment of Mr. R.P. Gupta, Addl. Member Works (C-12, GK Enclave-I, New Delhi-110048) as a Sole Arbitrator.

In view of the above agreement between the parties, Mr. R.P. Gupta is appointed as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the above mentioned Letter of Acceptance. The parties shall be entitled to raise all submissions, objections, counter claims before the arbitrator so appointed. The petition is allowed in the above terms with no order as to cost. NAVIN CHAWLA, J.

JULY 24, 2018 pv