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DELHI HIGH COURT
NAVIN CHAWLA
S.P. Singla Constructions Private Limited – Appellant
Versus
Steel Authority of India Limited – Respondent
JUDGMENT
1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') has been filed by the petitioner praying for the following reliefs:
"a. Declare that the Respondent No 1 has failed to act in terms of the agreed procedure between the parties as regards the constitution of the arbitral tribunal, and has as such forfeited its right to nominate an arbitrator and consequently appoint an arbitrator on its behalf as also a presiding (third) arbitrator;
b. Declare that the Respondent No 2 has failed to perform the functions in terms of the ICA Rules of Domestic Arbitration and that the ICA Rules of Domestic Arbitration are no longer applicable to the disputes between the parties;
c. Direct the Respondent No 2 to refund the remaining amounts paid by the Petitioner to the Respondent No 2 amounting to about Rs.10,48,500;
d. Declare that the arbitration between the Petitioner and the Respondent No.1 is required to be conducted as per the default statutory procedure under the Arbitration and Conciliation Act, 1996."
2. The disputes between the parties have arisen in relation to Contract No. DGM/PCC/TK/2010/316 executed between t
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