Nkb Infrastructure Pvt. Ltd v. The General Manager Northern Railway & ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 434/2018 NKB INFRASTRUCTURE PVT. LTD ..... Petitioner Through Mr.Manjit Ahluwalia, Adv.

versus THE GENERAL MANAGER NORTHERN RAILWAY & ORS.

..... Respondents Through Mr.Jagjit Singh and Mr.Preet Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 13.08.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) has been filed by the petitioner seeking appointment of an Arbitrator for adjudication of the disputes that have arisen between the parties in relation to the work "Supply, stacking and loading of 60000 (Sixty thousand) cum 65 mm gauge stone ballast (Machine crushed) into Railway Wagon including all Leads & Lift at ballast sub depot 4 at Shakurbasti" awarded in favour of the petitioner by the respondents vide letter dated 12.09.2014.

The Agreement between the parties contains an Arbitration Agreement in form of Clause 64 of the General Conditions of the Contract. The disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 30.11.2017. Having received no response from the respondents, the present petition has been

filed.

Learned counsel for the respondents submits that the respondents have no objection if a Sole Arbitrator is appointed for adjudicating the disputes that have arisen between the parties. In view of the above and with the consent of the parties, the parties are referred to the Delhi International Arbitration Centre (DIAC) which shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. The Arbitration and fee shall be governed by the DIAC Rules.

Parties shall appear before the DIAC on 4th September, 2018 at 2.00 p.m.

The petition is disposed of in the above terms, with no order as to cost.

Dasti.

NAVIN CHAWLA, J AUGUST 13, 2018/Arya