Petition under Section 11 sought appointment of arbitrator for disputes under a GeM contract for security services. Respondent raised no objection; court appointed a sole arbitrator with arbitration to proceed under DIAC rules, leaving all rights and contentions open.
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$~11
versus
THE LADY HARDINGE MEDICAL COLLEGE AND SMT. SUCHETA KRIPLANI -LHMC AND SSK HOSPITAL, NEW DELHI, .....Respondent Through: Mr. Rakesh Kumar, CGSC with Mr Sunil, Adv for UOI.
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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R 08.07.2025
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arbitration Clause 16 of Dispute Resolution Between Buyer and Seller of the General Terms and Conditions on the GeM vide legal notice dated 02.07.2024 which reads as under:-
The Clause 16 : Dispute Resolution Between Buyer and Seller of the General Terms and Conditions on GeM says that:
Amicable Settlement:
in the event of any question, dispute or difference arising connection with the Contract, the Parties shall use their respective reasonable endeavor to settle any dispute amicably. If a Dispute is not resolved within 30 days after written notice of any dispute by one Party to the other, the same shall be resolved through the mechanism of a coordination committee to be formed by the Buyer and Seller/Service Provider and to be chaired by the Primary User of Buyer Organization/Department along with representatives from Buyer Department and Seller . ARBITRATION:
In the event of any question, dispute or difference arising under the terms and conditions of the contract placed through GeM, the same shall be referred to the sole arbitration by an officer nominated as Arbitrator by the Primary Buyer of the concerned Buyer Organization. It will be no objection that the arbitrator is a Government Servant and that he had to deal with the matters to which the contract relates or that in the course of his duties as a Government servant he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties to the contract. The arbitration shall be governed as per Indian Arbitration and Conciliation Act 1996 as amended up to date. The place for arbitration shall be at the place from where contract has been placed by the Buyer or at the place of Primary Buyer as decided by the Primary Buyer.”
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JASMEET SINGH, J
JULY 8, 2025 sk
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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 16/07/2025 at 12:27:57
1 issue framed by the court
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate disputes arising from a GeM security services contract.
2 provisions across 1 enactments
M/S Gaurav Enterprises
The Lady Hardinge Medical College and Smt. Sucheta Kriplani -LHMC and SSK Hospital, New Delhi
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
