Allowed

Utkrisht Hospitality Pvt. Ltd. v. Delhi Development Auhtority

Delhi HC12 Sept 2024ARB.P./835/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, appointing the petitioner's registered advocate as a sole arbitrator to resolve disputes arising from an e-auction tender involving the respondent. The order placed all substantive merits and preliminary objections in the hands of the arbitrator.

What did the court decide?

Appointment of Mr. Shyam Sharma as sole arbitrator; direction to approach the arbitrator within two weeks; adherence to DIAC fee rules.

Utkrisht Hospitality Pvt. Ltd. Vs Delhi Development Auhtority — Arbitration | Delhi HC (2024)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 835/2024

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UTKRISHT HOSPITALITY PVT LTD .....Petitioner

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Through: Mr. Bhaskar Bhardwaj, Mr. KK Singh, Mr. Vakeel Ahmed, Advs.

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versus

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DELHI DEVELOPMENT AUHTORITY .....Respondent Through: Mr. RK Dhawan, SC with Ms. Nisha Dhawan, Mr. VK Teng, Ms. Shivani Taneja, Ms. Anwesha Singh, Advs.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 12.09.2024

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This is a petition seeking filed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties arising out of the Tender Document for E-Auction. The arbitration clause is in clause 11 of the Agreement in the Tender document.

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Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 16.04.2024.

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Issue notice. Ms. Dhawan, learned counsel for the respondent accepts notice and has no objection to the petition being allowed.

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For the said reasons, the petition is allowed and disposed of with the following directions:

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i) Mr. Shyam Sharma, Adv. (Mob. No. 9810153965) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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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 01/07/2025 at 23:51:15

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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’).

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iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

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iv) 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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v) 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 and merits of the dispute of either of the parties is left open for adjudication by the learned arbitrator.

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

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JASMEET SINGH, J

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SEPTEMBER 12, 2024/dm

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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 01/07/2025 at 23:51:15

Utkrisht Hospitality Pvt. Ltd. v. Delhi Development Auhtority

Case brief

What is this about?

What did the court decide?

Utkrisht Hospitality Pvt. Ltd. v. Delhi Development Auhtority

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

Case details

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