Allowed

Dapl-Abc-Jv v. Container Corporation of India Ltd. (Concor) and Anr.

Delhi HC9 Feb 2024ARB.P./352/2023

Case brief

AI extract

What is this about?

Petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of an arbitrator over disputes from a 2014 Letter of Acceptance for development work at ICD Tughlakabad. With the parties' consent, the Court appointed a sole arbitrator under DIAC aegis and allowed the petition.

What did the court decide?

Appointment of Ms. Beenashaw Soni as sole arbitrator under DIAC; refund of fees paid by parties less administrative charges.

Dapl-Abc-Jv Vs Container Corporation of India Ltd. (Concor) and Anr. — Arbitration | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 352/2023 DAPL-ABC-JV ..... Petitioner Through: Mr. Saurabh Mishra, Mr. Shrimay Mishra and Ms. Aashnaa Bhatia, Advocates.

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versus

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CONTAINER CORPORATION OF INDIA LTD (CONCOR) AND ANR. ..... Respondents Through: Mr. Ashutosh Kumar Shukla and Ms. Aasha Nand Singh, Advocates.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 09.02.2024

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This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to adjudicate the arbitration proceedings.

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It is stated by Mr. Shrimay Mishra, learned counsel for the petitioner that the present dispute arises out of a Letter of Acceptance dated 27.03.2014, wherein the petitioner was granted for development of CC Block Pavement by dismantling of the hilly portion of R&D area opposite to Tehkhand at ICD, Tughlakabad, New Delhi. The arbitration clause is contained in the GCC. Pursuant to the terms of the Arbitration Agreement, the respondent no.2 suggested a panel of arbitrators, out of which, the respondent no.1 selected a panel of three arbitrators.

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During the course of arguments, the parties arrived at consensus and are agreeable to appointment of sole arbitrator to be appointed by this Court. 4. With the consent of the parties, the following directions are issued:

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i) Ms. Beenashaw Soni, Advocate (Mob. No. 9810046611) is

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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 17/12/2024 at 15:03:36

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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 on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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v) The parties shall approach the learned Arbitrator within two weeks from today.

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Since fees has been paid by the parties to the respondent no.2 for arbitration proceedings and no proceedings have taken place, the respondent shall refund the fees paid by the parties less any administrative charges.

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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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FEBRUARY 9, 2024/ ssc

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Click here to check corrigendum, if any

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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 17/12/2024 at 15:03:36

Dapl-Abc-Jv v. Container Corporation of India Ltd. (Concor) and Anr.

Case brief

What is this about?

What did the court decide?

Dapl-Abc-Jv v. Container Corporation of India Ltd. (Concor) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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