Basu Dev Rout Sanitation v. Central Public Works Department & Anr.

Delhi HC27 Jan 2025ARB.P./1934/2024

Case brief

AI extract

What is this about?

Appointment of arbitrator; sole arbitrator appointed from CPWD approved panel; unilateral appointment of arbitrator undertaking; parties' express consent to continue arbitration; Schedule VI declaration by arbitrator; arbitrator entered reference; Basu Dev Rout Sanitation v Central Public Works Department; ARB.P. 1934/2024; Delhi High Court; Anish Dayal J; 27.01.2025; petition disposed.

What did the court decide?

Petition disposed of: the arbitration is to continue under the sole arbitrator already appointed by CPWD (Sh. Amarendra Kumar Sinha), with the parties' specific and express consent recorded and both parties bound by an undertaking not to challenge the proceedings on any ground concerning unilateral appointment of the arbitrator. ¶¶19

Basu Dev Rout Sanitation Vs Central Public Works Department & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶19

Issue for consideration

Whether the arbitration should continue under Sh. Amarendra Kumar Sinha, the sole arbitrator appointed by CPWD after the filing of the petition, or whether that appointment should be displaced.

¶¶17

Court's answer

Since the appointment of the sole arbitrator (Sh. Amarendra Kumar Sinha) had already taken place, the Court found no purpose in displacing it.

¶¶17

Ratio / Principle

Specific and express consent of the parties was recorded and taken on record for continuing the arbitration proceedings under Sh. Amarendra Kumar Sinha, the Sole Arbitrator.

¶¶18

Key takeaways

Both parties were bound by their recorded undertaking that they shall not challenge the arbitration proceedings on any ground concerning unilateral appointment of the arbitrator.ratio¶¶18

Detailed headnote1 paragraphs

Arbitration petition (ARB.P. 1934/2024) before the Delhi High Court (Anish Dayal, J., order dated 27.01.2025): after notice issued on 04.12.2024, the Court was informed that on the petitioner's request dated 30.08.2024 — choosing 4 arbitrators from CPWD's list of approved arbitrators — CPWD had appointed Sh. Amarendra Kumar Sinha as Sole Arbitrator on 10.01.2025, who entered reference on 24.01.2025, gave consent and filed his declaration under Schedule VI. The Court held that since the appointment had taken place there was no purpose in displacing it, recorded the specific and express consent of both parties to continue arbitration under the Sole Arbitrator, and took on record the parties' undertaking not to challenge the arbitration proceedings on any ground concerning unilateral appointment of the arbitrator. The petition was disposed of in these terms.

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- ARB.P. 1934/2024 I.A. 47145/2024

¶4

BASU DEV ROUT SANITATION .....Petitioner

¶5

Through: Mr. P S Sridhar Raj, Mr. Abhishek Pandey Mrs. Sharmila Lenka, Advs.

¶6

versus

¶7

CENTRAL PUBLIC WORKS DEPARTMENT & ANR

¶8

.....Respondents Through: Ms. Shubhra Parashar, Mr. Virender Pratap Singh & Mr. Richir Mishra, Advs. for R-1 & 2 / CPWD

¶9

Mr Ruchir Mishra, Mr. Sanjiv K Saxena, Ms. Poonam Shukla, Mr Mukesh Kumar Tiwari, Ms. Reba Jena Mishra & Ms. Harshita Sharma, Advs. for UOI

¶10

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R

¶11

% 27.01.2025

¶12

Post the filing of the instant petition and notice being issued on 4^th December 2024, counsel for CPWD appears.

¶13

It is stated by the counsel for CPWD that a request was received on 30^th August 2024, on behalf of the petitioner, for appointment of a sole arbitrator out of 4 arbitrators, chosen by the petitioner from the list of approved arbitrators maintained by CPWD. Accordingly, from the said list, Sh. Amarendra Kumar Sinha, has been appointed as the Sole Arbitrator on 10^th January 2025.

¶14

Sh. Amarendra Sinha, entered reference on 24^th January 2025, giving his consent, and has filed his declaration under Schedule VI.

¶15

This is a digitally signed order.

¶16

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 30/01/2025 at 12:39:32

¶17

Considering that the appointment has now taken place, there is no purpose in displacing it.

¶18

Specific and express consent is recorded of the parties and taken on record for continuing arbitration proceedings under Sh. Amarendra Kumar Sinha, the Sole Arbitrator. Both parties are bound by their undertaking that they shall not challenge the arbitration proceedings on any ground concerning ‘ unilateral appointment of arbitrator ’.

¶19

The petition stands disposed of in above terms.

¶20

Order be uploaded on the website of this Court.

¶21

ANISH DAYAL, J

¶22

JANUARY 27, 2025/sm/ kp

¶23

This is a digitally signed order.

¶24

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 30/01/2025 at 12:39:32

Basu Dev Rout Sanitation v. Central Public Works Department & Anr.

Case brief

What is this about?

What did the court decide?

Basu Dev Rout Sanitation v. Central Public Works Department & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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