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Alfa Security & Allied Services Vs the Indian Government Mint — Arbitration | Delhi HC (2018)

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Delhi HC
2018
Alfa Security & Allied Services Vs the Indian GovernAlfa Security & Allied Services v. the Indian Government Min

Allowed

Alfa Security & Allied Services v. the Indian Government Mint

Delhi HC6 Dec 2018ARB.P./823/2018

Case brief

AI extract

What is this about?

This court allowed an interim application for arbitration. The court held a valid arbitration agreement existed between the parties and referred the dispute to the Delhi International Arbitration Centre (DIAC) to appoint an arbitrator.

What did the court decide?

Petition allowed and matter referred to DIAC to appoint an arbitrator under Section 12 of the Arbitration and Conciliation Act, 1996.

What the court decided

AI extract

Outcome

Petition allowed and matter referred to DIAC to appoint an arbitrator under Section 12 of the Arbitration and Conciliation Act, 1996.

Issue for consideration

Whether the petitioners can be restrained from invoking arbitration and whether this court can order the appointment of an arbitrator.

Detailed headnote1 paragraphs

The court found a valid arbitration agreement between the parties based on the tender terms. The petition for arbitration was allowed and the matter was referred to the Delhi International Arbitration Centre (DIAC) to appoint an arbitrator to adjudicate the disputes, claims, and counter-claims.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

$~O-1

* IN THE HIGH COURT OF DELHI AT NEW DELHI

- ARB.P. 823/2018

ALFA SECURITY & ALLIED SERVICES ..... Petitioner Through: Mr. K. P. Sundar Rao, Advocate

versus

THE INDIAN GOVERNMENT MINT ..... Respondent Through: Mr.Anil Soni, CGSC with Mr.Abhinav Tyagi, Advocate

CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R % 06.12.2018

I.A. 15734/2018

Allowed subject to just exceptions.

ARB.P. 823/2018

There is a valid arbitration agreement between the parties contained in Clause 33.1 and 33.2 of the tender reproduced in paragraph 17 of the petition. The disputes have arisen between the parties and the petitioner invoked the arbitration vide letter dated 22^nd December, 2016 which was not replied by the respondent.

Learned counsel for the respondent submits on instructions that there is a valid arbitration agreement between the parties and the respondent has no objection to the appointment of an arbitrator by this Court.

The petition is allowed and this case is referred to Delhi International Arbitration Centre (DIAC). Delhi International Arbitration Centre shall appoint an Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims, if any

The arbitration shall be conducted under the ageis of Delhi International Arbitration Centre.

The learned arbitrator shall ensure the compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

Copy of this order be sent to the DIAC.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

DECEMBER 06, 2018 ds

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioners can be restrained from invoking arbitration and whether this court can order the appointment of an arbitrator.

Statutes considered

1 provisions across 1 enactments

AI extract

Arbitration and Conciliation Act12

Parties & counsel

AI extract

petitioner
ALFA SECURITY & ALLIED SERVICES
respondent
THE INDIAN GOVERNMENT MINT

Coram

AI extract

J.R. MIDHA

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 6 Dec 2018 · December
Registered: 17 Nov 2018
Case no.: ARB.P./823/2018
CNR: DLHC014085182018
Topic: Arbitration
Bench: J.r. Midha

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Cite this judgement

Alfa Security & Allied Services v. the Indian Government Mint, ARB.P./823/2018 (DEL), decided on 6 December 2018.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Arbitration and Conciliation Act12

View all statutes

Bench / Coram

J.R. MIDHA

Parties & counsel