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VIBHU BAKHRU
Rajveer Singh – Appellant
Versus
Government Of Nct Of Delhi Public Works Department Civil Building Maintenance Division – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the A&C Act) praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties.
2. The respondent had issued a notice inviting eligible contractors for submitting their bid for constructing eight rooms in double storied class rooms, one Laboratory for science, and a staircase at Govt. Girls Secondary School (GGSS) No.2 Sector - V, Dr. Ambedkar Nagar, New Delhi (School ID: - 923050).
3. The petitioner had successfully bid for the said contract and its offer was accepted on 18.05.2013. The scheduled date of commencement of the work was stipulated as 01.08.2013 and the works were to be completed on or before 31.01.2014.
4. There were certain delays in completion of the works, which were finally completed on 10.11.2014. Thereafter, on 29.12.2020, the petitioner submitted its Final Bill. The petitioner states that part payment was made against the Final Bill on 06.06.2017. The respondent disputes the same; according to the respondent, the Final Bill was paid on 06.04.2017.
5. On 24.06.2020, the petitioner ad
The impact of the Covid-19 pandemic on the limitation period for invoking arbitration under the Arbitration and Conciliation Act, 1996.
The court ruled that claims regarding limitation and the validity of invoking arbitration must be determined by the Arbitral Tribunal, reaffirming the applicability of Article 137 of the Limitation A....
Contractual provisions cannot extinguish rights to invoke arbitration beyond lawful limitations set by statute, upholding that timelines for claims start from when notice to arbitrate is issued.
Arbitration - Appointment of Arbitrator - Court is not required to examine any other contentious issues regarding the disputes between the parties at the stage of referring the parties to arbitration....
An arbitration agreement remains valid and enforceable despite procedural limitations on arbitrator appointment, ensuring disputes are addressed effectively.
The Court emphasized the principle of 'when in doubt, do refer' and left the issues of limitation and compliance with the procedure for DRC under Clause 25 for consideration by the arbitrator.
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
The main legal principle established is that the Court should not reject an application for appointment of an arbitrator at the threshold unless the claim is manifestly, ex-facie and hopelessly time-....
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