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CHANDRA DHARI SINGH
Sh Varun Gupta – Appellant
Versus
Union of India Through Cpwd – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The present petition has been filed on behalf of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole arbitrator for redressal of disputes arising between the parties qua the General Conditions of Contract (GCC) executed on 3rd December, 2015.
2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner herein was awarded the work namely "Face Lifting, Renovation and Upgradation of Bank of Baroda, New Delhi DG 2014-15 (SH: Removing of stone slab from cladding providing and fixing aluminium windows and exterior finishing") bearing agreement no. 62/EE/CD/2015-16, with the date of initiation as 13th December, 2015 and stipulated date of completion as 12th June, 2016.
3. It has been submitted on behalf of the petitioner that the work was carried out in accordance with the terms of the contract with the intention of completing it within the specified time frame. However, due to the presence of several obstacles on site and the unavailability of the site, the work could not be completed within the specified time frame. The Department allegedly neglected to give the
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes arising under a contract, in accordance with the Arbitration and Concilia....
The court has the authority to appoint a Sole Arbitrator to adjudicate disputes arising from a contract, ensuring compliance with the Arbitration and Conciliation Act.
The court affirmed that arbitration proceedings should be initiated to resolve disputes, even if a no-claim certificate is invoked, unless the claims are manifestly devoid of merit.
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
The main legal point established is the necessity of appointing an independent arbitrator to resolve disputes, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and rele....
The court confirmed the existence of an arbitration agreement and mandated the appointment of a sole arbitrator to adjudicate contract disputes, highlighting the necessity of complying with contractu....
The court appointed a sole arbitrator to resolve contractual disputes under the Arbitration and Conciliation Act, 1996, affirming the parties' mutual agreement for arbitration.
The court affirmed that the disputes between the parties were arbitral in nature and appointed a sole arbitrator under the Arbitration and Conciliation Act, 1996.
Court can appoint an arbitrator when both parties consent to arbitration for resolving disputes, even amidst contractual disagreements.
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