Learned counsel for the applicant submits that in view of the dispute in regard to non-payment of the dues under the Work Order dated 05.11.2020 by the respondents, the matter may be referred to an arbitrator. He relies on Vidya Drolia and others versus Durga Trading Corporation;(2021) 2 SCC 1 and the order dated 22.10.2021 passed in Arbitration Petition No.358 of 2021(Ashoka Udyog versus Managing Director National Agricultural Cooperative Marketing & Ors.) by the High Court of Delhi. Per contra, learned counsel for the respondents does not dispute the issuance of Work Order dated 05.11.2020 containing provision for arbitration under Clause 19 of the Agreement, in case of any dispute. However, he submits that some of the claims raised by the applicant in his notice are not pertaining to the aforesaid Work Order, which are in regard to the Drum Mix Plant and RMC Plant because there was no contract in regard to the same, therefore they are not referable for arbitration. He further submits that any claim in regard to the machinery also prior to 05.11.2020 is not covered under the Agreement which has been claimed by the applicant and for the remaining, he fairly, submits that the matter may be referred to the arbitrator appointed by this Court for adjudication. He relies on DLF Home Developers Limited versus Rajapura Homes Pvt. Ltd. and Another;(2021) 16 SCC 743, Magic Eye Developers Private Limited versus Green Edge Infrastructure Private Limited and others;(2023) 8 SCC 50 and the judgment and order dated 15.03.2023 passed by the High Court of Delhi in Arbitration petition No.283 of 2023(GTM Builders and Promoters Private Limited versus Sneh Development Private Limited).
