Bcpl Railway Infrastructure Limited v. Union Of India Thorugh General Manager, Northern Railway

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 607/2018 BCPL RAILWAY INFRASTRUCTURE LIMITED ..... Petitioner Through:

Mr.Vikas Upadhyay, Mr.Ashwin Kr.Nair and Mr.Rajesh Kandari, Advs.

versus UNION OF INDIA THORUGH GENERAL MANAGER, NORTHERN RAILWAY ..... Respondent Through:

Mr.Jagjit Singh, Sr.Standing Counsel with Mr.Vipin chaudhary and Mr.Preet Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.10.2018 1.

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 a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Design, supply, erection, testing & Commissioning of 25 KV AC OHE for the work of Provision of 66KV /25KV Traction Sub Station at Parwanoo and 25 KV feeder line/SSP awarded by the respondent in favour of the petitioner vide letter dated 25.06.2009.

2.

The Arbitration Agreement between the parties is contained in Clause 1.1.14 of the tender document read with Clause 64 of the Indian Railways Standard General Conditions of Contract, 2014.

3.

Counsel for the respondent submits that the respondent has no objection if a Sole Arbitrator is appointed by this Court for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Letter of Intent/Acceptance.

4.

In view of the above, I appoint Mr.Bharat Bhushan, Retired Additional District Judge, Delhi (House No.12, D.D.A. Site No.1, New Rajinder Nagar, Behind Fire Station, Shankar Road, New Delhi, Ph: 28744766, 9899285640) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Letter of Intent/Acceptance. The Arbitrator shall give a disclosure under Section 12 of the Act before proceeding with the reference. 5.

The arbitration proceedings shall be conducted under the aegis of the Delhi International Arbitration Centre (DIAC) and the DIAC rules as to the procedure and fee shall be applicable to the said proceedings. 6.

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

NAVIN CHAWLA, J OCTOBER 23, 2018/Arya