Disposed

Mr Manish Goel v. Delhi Tourism and Transportation Development Corporation Ltd.

Delhi HC22 Jan 2025ARB.P./881/2024

Case brief

AI extract

What is this about?

Section 11 petition seeking appointment of a sole arbitrator for disputes under a construction agreement containing an arbitration clause. Respondent cited a full-and-final-payment undertaking; petitioner claimed it did not cover additional-work claims. Court referred disputes to arbitration, appointing Shashank Dewan as sole arbitrator under DIAC aegis.

What did the court decide?

Disputes referred to arbitration; Mr. Shashank Dewan appointed sole arbitrator under DIAC aegis.

Mr Manish Goel Vs Delhi Tourism and Transportation Development… — Arbitration | Delhi HC (2025)

¶1

$~14

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- ARB.P. 881/2024 MR MANISH GOEL .....Petitioner

¶4

Through: Mr. Avinash Trivedi, Mr. Rahul Aggarwal, Advocates.

¶5

versus

¶6

DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD .....Respondent Through: Ms. Ankita Sarangi, Advocate.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

¶9

% 22.01.2025

¶10

By way of present petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’ ), the petitioner seeks appointment of an Arbitral Tribunal comprising of a sole arbitrator, to adjudicate the disputes between the parties.

¶11

Learned counsel for the petitioner submits that the parties had entered into a Construction Agreement/Letter of Award dated 07.03.2016, and Clause 25 (i) of the same stipulates resolution of disputes through arbitration. He further states that disputes having been arisen between the parties, a notice dated 18.08.2023 was issued by the petitioner under Section 21 of the A&C Act, to which response has been received on 01.11.2023.

¶12

Learned counsel for the respondent submits that the petitioner has already issued an undertaking that full and final payment has been received by him, to which learned counsel for the petitioner submits that the disputes are with respect to the additional work carried out and the said undertaking

¶13

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 29/01/2025 at 12:19:11

¶14

does not cover the subject claims.

¶15

Be that as it may, considering that the parties are at variance, the disputes having been arisen, I am of the considered opinion that the appropriate course would be to refer the parties to appoint an arbitrator to adjudicate upon the disputes. Consequently, the petition is disposed of with the following directions:-

¶16

i. The disputes between the parties under the said agreement are referred to the Arbitral Tribunal.

¶17

ii. Mr. Shashank Dewan, Adv (Mobile No: 9999130505) is appointed as the Sole Arbitrator, to adjudicate the disputes between the parties.

¶18

iii. 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 Schedule of fees maintained by DIAC or as the parties may agree.

¶19

iv. The learned Arbitrator shall furnish a declaration in terms of Section 12 of the A&C Act, prior to entering into the reference.

¶20

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

¶21

vi. It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claims/counterclaims, any other preliminary objection, as well as claims on merit of the disputes of either of the parties, are left open for adjudication by the learned Arbitrator. Further, the respondent

¶22

¶23

shall be at liberty to raise counter-claims, if any.

¶24

MANOJ KUMAR OHRI, J

¶25

JANUARY 22, 2025/ rd

¶26

This is a digitally signed order.

¶27

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 29/01/2025 at 12:19:11

Mr Manish Goel v. Delhi Tourism and Transportation Development Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Mr Manish Goel v. Delhi Tourism and Transportation Development Corporation Ltd.

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

Similar cases

Axis Finance Limited Vs Pravin Mohan Deshmukh

Smt Rajbala Bisla Vs Union of India & Anr.

M/S J and S Constructions Vs Union of India

Premier Chennai Properties Private Limited Vs Pacifica Builders Private Limited

Athar Pervez Vs NCT

Varrsana Ispat Limited Vs Telecommunications Consultants India Ltd.