M/S A2z Infra Engineering Limited v. Power Grid Corporation Of India Limited

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 707/2018 M/S A2Z INFRA ENGINEERING LIMITED ..... Petitioner Through:

Mr.Atul Kumar, Adv.

versus POWER GRID CORPORATION OF INDIA LIMITED ..... Respondent Through:

Mr.Joshya Samuel and Mr.Rajat Agnihotri, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 26.11.2018 1.

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 two Agreements dated 24.02.2010 executed between the parties. The Arbitration Agreement is contained in Clause 38 of the General Conditions of Contract. 2.

The disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 20.08.2014. The respondent vide letter dated 02.09.2014 appointed its nominee Arbitrator. The petitioner in turn appointed its nominee Arbitrator vide letter dated 30.10.2014. It seems that the two Arbitrators have not been able to reach a consensus on the appointment of the Presiding Arbitrator.

3.

Counsels for the parties submit that instead of a three member Tribunal, the disputes be referred to a Sole Arbitrator for an expeditious adjudication of the disputes.

4.

Having heard the submissions made, I appoint Mr.Vinod Jain, Retd. District & Sessions Judge, Punjab, (Road No.-33, Kothi No.-3,3rd Floor, Punjabi Bagh, West Extension, New Delhi & 381, Sector - 1,IMT Manesar, Gurgaon, Haryana, Ph: 09468178585) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreements. The Arbitrator shall treat the same to be a case of two separate references. The Arbitrator shall also give disclosure in terms of Section 12 of the Act before proceeding with the references. 5.

The petition is allowed in the above terms, with no order as to cost. Dasti.

NAVIN CHAWLA, J NOVEMBER 26, 2018/Arya