Tirthankar Mahavir Samajik Seva Sansthan v. Delhi Urban Shelter Improvement Board
$-30, 43 to 47, 49 & 50
IN THE HIGH COURT OF DELHI AT NEW DELHI
W,P.(C) 13948/2018 & CM Nos. 54629/2018 & 54630/2018 DELHI JAN SUDHAR SAMITI & ORS.
Petitioners Through GOVERNMENT OF NCT OF DELHI & ORS Through Respondents 43.
W.PTO 14004/2018 & CM No. 54759/2018 MAHATMA JYOTI PHULE SANSTHAN Petitioner Mr Bhaskar Mishra, Mr Manish Kumar Choudhary, Mr Ashutosh Kumar, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
DELHI URBAN SHELTER IMPROVEMENT Mr -Parvinder Chauhan, Ms Mini By:AMULYA
■2.
44.
W.P.(0 14013/2018 & CM No. 54776/2018 AURANGABAD DISTRICT SULABH SHAUCHALAYA SANSTHAN Petitioner Mr Bhaskar Mishra, Mr Manish Kumar Choudhary, Mr Ashutosh Kumar, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
DELHI URBAN SHELTER IMPROVEMENT 45.
W,P.(C) 14015/2018 & CM No. 54780/2018 TIRTHANKARMAHAVIR SAMAJIK SEVA DELHI URBAN SHELTER IMPROVEMENT Respondent
3.
46.
W.PTO 14016/2018 & CM No, 54781/2018 ROHTAS DISTRICT SULABH SHAUCHALAYA DELHI URBAN SHELTER IMPROVEMENT % 47.
W,PTCJ 14017/2018 & CM No. 54782/2018 CHAPRA DISTRICT SULABH SHAUCHALAYA
DELHI URBAN SHELTER IMPROVEMENT Akshay Kumar Srivastava, Law49.
W,P.(0 14020/2018 & CM No. 54787/2018 -f MAHATMA FULE SCAVENGER MUKTI Choudhary, Ms Namita Choudhary.
DELHI URBAN SHELTER IMPROVEMENT
AND 50.
W.R(0 14022/2018 & CM No. 54790/2018 SITAMARHI DISTRICT SULABH SHAUCHALAYA DELHL URBAN SHELTER IMPROVEMENT
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 21.12.2018 The petitioners have filed the present petitions, inter alia, impugning s 1.
resolution passed by Delhi Urban Shelter Improvement Board (DUSIB) on 05.12.2018, inasmuch as, DUSIB has decided to terminate the respective agreements entered into with the petitioners for maintenance of Jan Suvidha Complexes. The petitioners claim that the work of maintenance and * .
operation of the said complexes was awarded to the petitioners for a period of thirty years, and the decision of the DUSIB to terminate the same
amounts to a breach of the Agreements.
Mr Chauhan, learned counsel appearing for the DUSIB states that the 2.
Agreements between the parties include an arbitration clause, which would cover the disputes raised in the present petitions. He has also referred to Clause 19 of one of the Agreements, which is placed on record. There appears to be some controversy whether the said arbitration 3.
clause would extend beyond the contract for construction of the complexes; nonetheless, Mr Chauhan insists that Clause 19 is very wide and would cover all disputes, including the one that raised in the present petitions. The learned counsel appearing for the petitioner also concurs with the contention that the arbitration clause would cover the disputes and prays that the parties be referred to arbitration.
Mr Chauhan states, on instruction, that the DUSIB is also agreeable 4.
for the disputes to be resolved by an independent arbitrator. With the consent of parties, Mr. Prem Kumar, Retd. Additional 5.
District Judge (contact number: +91-9873176030), is appointed as the Sole Arbitrator to adjudicate the disputes arising from the respective contracts/licences awarded to the petitioners for management/operation and maintenance of Jan Suvidha Complexes. This is subject to the Arbitrator making the necessary disclosure under Section 12(1) of the Arbitration and Conciliation Act and not being ineligible under Section 12(5) of the Said Act. It is clarified that although the disputes may be considered together, the dispute raised by each petitioner shall be considered separately and separate awards shall be made in respect of each petitioner. The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre (DIAC) and in accordance with its Rules.
6.
The parties are at liberty to approach the Co-ordinator, DIAC, for further proceedings.
The petitions are disposed of The pending application is also 7.
disposed of.
8.
Order dasti under signatures of the Court Master. VIBHU BAKHRU, J < DECEMBER 21, 2018 MK ;