Petition under Section 11(6) seeking appointment of arbitrator for railway contract disputes; court appointed Ms. Meghna Sankla as arbitrator, holding the effect of the No-dues Certificate is for arbitration.
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.
$~70
Through: Mr.Ashok Singh, Advocate
versus
UNION OF INDIA .....Respondent Through: Mr. Tanveer Ahmed Ansari, SPC with Mr.Hilal Haider, GP and Ms.Butul Khan, Advocates
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 14.10.2024
“64(1) Demand of Arbitration:
64(1)(i) in the event of any dispute or difference
Page 1 of 3
ARB.P. 1527/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:55
between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the “excepted matters” referred to in Clause 63.1 of these Conditions, the contract, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration.”
Page 2 of 3
ARB.P. 1527/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:55
Schedule of Fees maintained by the DIAC.
SUBRAMONIUM PRASAD, J
OCTOBER 14, 2024 S. Zakir
Page 3 of 3
ARB.P. 1527/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:55
1 issue framed by the court
Whether an arbitrator should be appointed despite respondent's contention that a No-dues Certificate leaves nothing to arbitrate.
3 provisions across 2 enactments
M/S S C Agarwal
Union of India
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
