SURESH KUMAR KAIT
Subhash Chander – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11(6) of the arbitration and Conciliation act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes inter se the parties.
2. as per the averments made in the present petition, petitioner is a construction contractor. Respondent had invited the tender for the work of 'D/o main land including 60 Mtr. & 45 Mtr. Master Plan road in Dwarka project phase-II (D/o Sector-23B, 24, 25 & 26) Subhead: Providing and laying peripheral sewer line sector-25 Dwarka Phase-II.' The work was awarded to the petitioner through acceptance letter No. F31(1695)EE/WD-3/DDa/a/958 dated 09.11.2017 and agreement to the same effect was on 14.11.2017. Respondent is the custodian of the said agreement and as per the contract, the stipulated dates of commencement and completion for the above work were 19.11.2017 and 17.05.2018 respectively. However, according to petitioner, the work could not be completed within the stipulated time due to various hindrances on the part of the respondent, i.e. non-availability of site and breaches of contact attributable to the respondent. For these reasons, the work which was to be c
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator and ensure compliance before commencing the arbitration.
Disputes concerning contract completion and payment arise, necessitating arbitration as per 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....
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 court's decision emphasized the appointment of a sole Arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996.
Appointment of a sole arbitrator must comply with the provisions of the Arbitration and Conciliation Act, 1996 and should not be in violation of relevant legal precedents.
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.
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
The main legal point established is the arbitrability of disputes under the construction contract and the court's authority to appoint a sole arbitrator under the Arbitration and Conciliation Act, 19....
The court upheld the arbitrability of disputes arising from contractual obligations, appointing a sole arbitrator under the Arbitration and Conciliation Act.
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