Allowed

Tk Elevator India Private Limited v. Nkg Infrastructure Limited

Delhi HC21 Aug 2024ARB.P./157/2024

Case brief

AI extract

What is this about?

Petitioner sought appointment of a sole arbitrator over unpaid dues for lift supply, installation and maintenance works. With no reply filed by the respondent, the court appointed Vipul Ganda as sole arbitrator under DIAC, referred the parties first to mediation, and left all contentions open for arbitration.

What did the court decide?

Sole arbitrator appointed (Vipul Ganda); arbitration under DIAC; parties referred to mediation on 30.08.2024.

Tk Elevator India Private Limited Vs Nkg Infrastructure Limited — Arbitration | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 157/2024

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TK ELEVATOR INDIA PRIVATE LIMITED .....Petitioner Through: Mr Raghav Sethi, Adv.

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versus

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NKG INFRASTRUCTURE LIMITED .....Respondent Through: Mr Sandeep Dash, Adv. (through VC)

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 21.08.2024

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This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties.

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The respondent issued a Work Order dated 12.03.2013 to the petitioner and awarded a work of supply and installation of 232 lifts for various projects nomenclated as DG MAP, Varunapuri, Vasco, Goa, for which the petitioner was required to supply and install 37 lifts. As per the petitioner, the lifts were duly delivered.

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On 16.02.2021 the respondent-company issued a Change Work Order for total of 14 lifts to the petitioner-company and on 14.08.2021 another Silver Maintenance Agreement was also executed between the parties.

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The petitioner raised invoices for performance of the contract but the payment was not made.

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On 05.07.2023 the petitioner issued notice of dispute and thereafter on

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This is a digitally signed order.

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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 28/08/2024 at 12:22:24

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25.09.2023 issued notice invoking arbitration.

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When the petition was listed on 05.02.2024 notice was issued. Despite opportunity, no reply has been filed by the respondent.

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Mr Dash, learned counsel appears for the respondent and states that the parties may be referred to Delhi High Court Mediation and Conciliation Centre to explore the possibility of a settlement.

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Since there is no reply filed by the respondent, I am inclined to allow the petition. As of today the parties are still having disputes between them, the following directions are issued:-

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i) Mr. Vipul Ganda, Advocate (Mob. No. 9910804949) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the ‘DIAC’). The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

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iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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iv) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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This is a digitally signed order.

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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 28/08/2024 at 12:22:24

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v) The DIAC shall initiate the arbitration process after 8 weeks from today in order to enable the parties to explore a possibility of settlement.

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vi) The parties are referred to Delhi High Court Mediation and Conciliation Centre for the said purposes and shall appear before Delhi High Court Mediation and Conciliation Centre on 30.08.2024 at 03:30 p.m.

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The petition is allowed and disposed of in the aforesaid terms.

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JASMEET SINGH, J

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AUGUST 21, 2024 sr

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Click here to check corrigendum, if any

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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 28/08/2024 at 12:22:24

Tk Elevator India Private Limited v. Nkg Infrastructure Limited

Case brief

What is this about?

What did the court decide?

Tk Elevator India Private Limited v. Nkg Infrastructure Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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