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M/S Delta Construction Company v. Union of India and Others

Punjab & Haryana HC9 Oct 2023ARB/244/2023

Case brief

AI extract

What is this about?

The Court accepted this petition for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, following suit in the supply contract. The court appointed Mr. Mahendar Singh as the sole arbitrator and directed parties to appear on 9.11.2023.

What did the court decide?

Appointment of Mr. Mahendar Singh as sole arbitrator; directed parties to appear on 9.11.2023.

M/S Delta Construction Company Vs Union of India and… — Arbitration | Punjab & Haryana HC (2023)

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2023:PHHC:130668

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In the High Court for the States of Punjab and Haryana At Chandigarh

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ARB-244-2023 (O&M) Date of Decision:-9.10.2023

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M/s Delta Construction Company … Petitioner Versus Union of India and others ... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Chetan Goyal, Advocate, for the petitioner.

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Mr. Shivoy Dhir, Senior Panel Counsel, for the respondents.

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GURVINDER SINGH GILL, J . (Oral)

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The petitioner has approached this Court seeking appointment of an Arbitrator in terms of provisions of Section 11 of Arbitration and Conciliation Act, 1996.

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Notice of motion had been issued in the present case.

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Mr. Shivoy Dhir, Senior Panel Counsel has put in appearance on behalf of the respondents.

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The dispute arises out of supply order/contract dated 9.9.2020 (Annexure P-1) as per which the petitioner was to supply certain articles to the respondents. A dispute having arisen as regards payment, the petitioner served a legal notice

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Pankaj Kakkar 2023.10.09 19:14 I attest to the accuracy and authenticity of this document

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2023:PHHC:130668

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ARB-244-2023 (O&M) ( 2 )

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dated 1.2.2023 (Annexure P-2) upon the respondents for invocation of arbitration, but to no avail.

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Condition No.3 of Part – III of Standard Conditions of Supply Order dated 9.9.2020 (Annexure P-1) provides for dispute resolution through ‘Arbitration’.

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Nothing to the contrary could be shown by learned counsel representing the respondents.

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Since the supply order/contract dated 9.9.2020 (Annexure P-1) specifically provides for resolution of disputes by way of arbitration and the petitioner had already served legal notice dated 1.2.2023 (Annexure P-2) upon the respondents so as to invoke arbitration clause, the instant petition is hereby accepted.

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Accordingly, Sh. Mahendar Singh, Addl. District & Sessions Judge (Retd.) is appointed as the sole Arbitrator. However, such appointment would be subject to the declaration to be made by Sh. Mahendar Singh, Addl. District & Sessions Judge (Retd.) under Section 12 of the Act with regard to his independence and impartiality to settle the disputes between the parties.

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The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended or as may be mutually settled by the parties and the Arbitrator.

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The Arbitrator may conduct proceedings at Arbitration Centre, Chandigarh or at any other place convenient to all concerned.

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After seeking convenience of the Arbitrator, the parties are directed to appear before him on 9.11.2023 at 11:00 A.M. or any other date suitable to all concerned.

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Pankaj Kakkar 2023.10.09 19:14 I attest to the accuracy and authenticity of this document

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ARB-244-2023 (O&M)

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( 3 )

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2023:PHHC:130668

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A copy of this order be sent to the appointed Arbitrator at the given address :

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House No. GL-195, TDI Smart City, Sector 118, Mohali-160055.

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Phone Nos.94670-01234, 83988-73456.

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The petition is accordingly disposed of in the above mentioned terms.

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9.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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Pankaj Kakkar 2023.10.09 19:14 I attest to the accuracy and authenticity of this document

M/S Delta Construction Company v. Union of India and Others

Case brief

What is this about?

What did the court decide?

M/S Delta Construction Company v. Union of India and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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