B. B. Construction v. Union Of India

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 624/2018 B. B. CONSTRUCTION ..... Petitioner Through:

Mr.S.W. Haider, Ms.Pooja Das & Mr.A.R. Kazmi, Advs.

versus UNION OF INDIA ..... Respondent Through:

Mr.Jagjit Singh, Sr.Panel Counsel with Mr.Preet Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 09.10.2018 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 a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the work of supplying, collecting and stacking of 65 mm gauge machine crushed stone ballast as per Railway standard specification along the cess/yard between Laksar Jn. (Including) and Pathri station (Including) from Km 0.000 to Km 14.600 in connection with Laksar-Haridwar doubling on LRJ-HW section of Moradabad Division awarded in favour of the petitioner by the respondent vide Letter of Acceptance dated 02.12.2015. The Agreement between the parties contains an Arbitration Agreement in form of Clause 64 of the General Conditions of Contract.

Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 30.04.2018. Having received no

response from the respondent, the present petition was filed. Learned 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 Agreement.

I accordingly appoint Mr.Vinod Jain, Retd. District and Sessions Judge, Punjab (Road No.-33, Kothi No.-3, 3rd Floor, Punjabi Bagh, West Extension, New Delhi & 381, Sector-1, IMT Manesar, Gurgaon, Mobile:- 09468178585) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties.

The Arbitrator shall give a disclosure under Section 12 of the Act before proceeding with the reference.

The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre (DIAC). DIAC rules as to the procedure and fees shall apply to the arbitration proceedings. The petition is allowed in the above terms, with no order as to cost. NAVIN CHAWLA, J OCTOBER 09, 2018/rv