SURESH KUMAR KAIT
Asha Enterprises Pvt. Ltd Through: Shri Love Sharma, Director – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed by the petitioner under Section 11 (6) of the arbitration and Conciliation act, 1996 seeking appointment of arbitrator for adjudication of disputes with respondent.
2. Petitioner/company claims to have entered into an agreement with the respondent for construction of additional class rooms in SKV No.2, Sagarpur SPS School Building and other related works. according to the agreement, the work was to commence on 19.02.2016 and completed on 03.07.2016. However, the work could be completed on 14.12.2017.
3. according to petitioner, the delay in execution of work is attributable to the respondent as drawings were not provided in time, there were delays in making decisions at the end of respondent and also there was delay in releasing the payments. Thereby, several disputes arose between the parties, for resolution of which petitioner claims to have written letters dated 24.07.2020 and 19.08.2020 to the respondent, in response to which vide letter dated 22.08.2020, respondent denied all the claims. Further again, petitioner claims to have written various letters to the Chief Engineer of respondent, who vide letter dated 0
The court's power to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the arbitrability of disputes under the agreement's Clause 25.
Disputes arising under an agreement concerning construction are arbitrable, and a court may appoint an arbitrator as per the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the court's authority to appoint an independent arbitrator for adjudication of disputes based on the arbitration agreement.
The court ruled that disputes under an arbitration agreement are arbitrable and can be resolved through appointed arbitrators, affirming the consent of both parties.
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator and ensure compliance before commencing the arbitration.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
As per Section 11 (13) of the Act now arbitration is required to be decided within 30 days.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes between parties.
The court affirmed that when parties acknowledge disputes in a contractual agreement, an arbitrator must be appointed to resolve these disputes under the Arbitration and Conciliation Act, 1996.
The central legal point established in the judgment is the court's authority to appoint an arbitrator to resolve disputed claims between parties in accordance with Section 11(6) of the Arbitration an....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.