Mpb Construion S Pvt . Ltd v. Union Of India & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 245/2016 MPB CONSTRUION S PVT. LTD ..... Petitioner Through: Mr. Atul Bandhu, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Jaswinder Singh and Ms. Shipra Shukla, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 01.06.2016 CAV 490-491/2016 Learned counsel for the Caveator has put in appearance. Caveats stand discharged.

IA 7185/2016 Exemption allowed subject to all just exceptions. Application stands disposed of.

O.M.P.(I) (COMM.) 245/2016 1.

This petition has been filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 2016 with the following prayers:-

"a. To direct the Respondent to carry out the actual joint measurement instead of assessment which is being sought to be thrust upon the Petitioner b. To take any stringent measures against the Petitioner in the present contract or any other pending contract or to create any charge in the present or any other contract under the Respondent till the final award is made by the Arbitrator in the proposed Arbitration proceedings in the present case in contract being 'CA No. CEDZ-11 I 2013-14: provisions of KLP for Engr. Regt. Phase II at Delhi Cantt." C.

Direct the respondents to not to ban the participation of the Petitioner in any other tender/ award of tender or the other such process in the Respondent department or the other wings/ departments of the Respondent's till the final award is made by the Arbitrator in the Arbitration proceedings in the present case in contract being 'CA No. CEDZ-11/2013-14: provisions of KLP for Engr. Regt. Phase II at Delhi Cantt." :further d. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2.

Mr. Atul Bandu, learned counsel for the petitioner concedes that in so far as the prayer 'b' and 'c' are concerned, there is no cause of action to seek the said prayers. He states that as and when an order is passed or cause of action accrues, the petitioner would seek remedy as available in law. 3.

In so far as the Prayer 'a' is concerned, Mr. Jaswinder Singh, learned counsel appearing for the respondent states that petitioner may approach the concerned Garrison Engineer for carrying out joint measurement. It is

ordered accordingly. Petitioner shall approach the concerned Garrison Engineer on 6th June, 2016 at 10 AM for carrying out the joint measurement. 4.

In view of above, the petition is disposed of. V. KAMESWAR RAO, J JUNE 01, 2016/jg