Garg Builders v. Govt. of NCT of Delhi

O R D E R %

11.11.2024

¶1The Petitioner has approached this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes which was arisen between the parties in relation to construction of Elevated Road over Barapullah Nallah starting from Sarai Kale Khan to Mayur Vihar, New Delhi Sh:-Widening of Mayur Vihar Phase 1 bridge on both sides and executed the Agreement No. 02/EE/F-21/PWD/2020-21.

¶2It is the case of the Petitioner that the work was completed albeit with delay. It is stated that the Petitioner raised the disputes/claims with the Respondent in terms of Clause 25(i) of the GCC vide letter dated 04.03.2024 and enclosed the list of claims. It is stated that the disputes arose between the parties when the Respondent vide letter dated 15.04.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rejected/refused the claims of the Petitioner. It is stated that since the Contract was covered by the GCC, the Petitioner has requested the Chief Engineer to refer the claims and disputes to the Dispute Redressal Committee. Vide letter dated 30.05.2024, meeting was convened on

07.06.2024 to examine the claims/disputes of the Petitioner and suggest an amicable solution to the same. However, the meeting ended in a failure and the Petitioner has approached this Court by filing the instant petition.

¶3Clause 25(ii) of the Contract contains an Arbitration Clause. Since the dispute is less than Rs.20 crore, a Sole Arbitrator be appointed to adjudicate the disputes which have arisen between the parties.

¶4Reply has not been filed by the Respondent/GNCTD. This Court is of the opinion that there cannot be any meaningful objections by the Respondent in view of the nature of the disputes.

¶5During the course of hearing, respective Counsel for the parties jointly request that an independent Sole Arbitrator be appointed to adjudicate the disputes between the parties.

¶6Accordingly, Justice Krishna Murari, Former Judge Supreme Court of India, (Mob. No. 9415308516) is appointed as a Sole Arbitrator to adjudicate upon the disputes between the parties.

¶7The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

¶8The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within a week of entering on reference. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶9All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

¶10Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties.

¶11The present petition stand disposed of in the above terms along with pending application(s), if any.

SUBRAMONIUM PRASAD, J NOVEMBER 11, 2024 RJ/hsk

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + GARG BUILDERS .....Petitioner Through: Mr. Rahul Malhotra, Advocate versus GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Sameer Vashisht, ASC (Civil) for GNCTD with Ms. Harshita Nathrani, Advocate CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD