High Court of DelhiARB.P./498/2017

Grim-Tech Projects (I) Private Limited v. Era Infra Engineering Limited

2017-11-202 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 498/2017 GRIM-TECH PROJECTS (I) PRIVATE LIMITED ..... Petitioner Through :

Mr.Shamshad and Mr.Aditya Sameddar, Advocates.

versus ERA INFRA ENGINEERING LIMITED ..... Respondent Through :

Mr.Manoj K Singh and Ms.Nilava Bandyopadhyay, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 20.11.2017 This petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 is filed for appointment of an arbitrator. The respondent company was awarded the work order dated 23.05.2009 pertaining to drilling and piling work to be carried at site of NTPC, Mauda, Nagpur, Maharashtra. The value of the work order was Rs.2.65 Crores. Later the value of work order was reduced but yet again amended on 20.05.2010 for a total consideration of Rs.4,21,32,500/-. The petitioner raised 23 Running Account Bills and then a reconciliation statement was prepared on 30.11.2014 to the tune of Rs.44,74,510/-. The petitioner alleged to have received a part payment of Rs.1.00 Lac from the respondent, which the respondent deny.

The petitioner issued legal notice dated 16.09.2016 to the respondent invoking the arbitration clause as contemplated in the work order itself but the respondent failed to appoint any arbitrator, hence this petition.

The execution of the work by the petitioner on the basis of the work order containing an arbitration clause is not disputed by the learned counsel for the respondent. The learned counsel for the respondent has raised a dispute qua limitation of the claim of the petitioner.

Without prejudice to the contentions raised qua limitation or otherwise, the petition is allowed and Ms. Shardha Karol, Advocate (Mobile No. 9811352998) is hereby appointed as an arbitrator to arbitrate the disputes between the parties. The fees of the arbitrator shall be governed by the fee schedule of the Delhi International Arbitration Centre (DIAC), Delhi High Court.

YOGESH KHANNA, J NOVEMBER 20, 2017 M /RS