Saini Electrical Works vs Public Works Department

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Saini Electrical Works - Appellant
Versus
Public Works Department - Respondent
Arb.P. 321 of 2020
Decided On : 21-01-2021

Important Points

The court ruled that a failure to comply with procedural protocols in an arbitration agreement bars invocation of arbitration provisions under the Arbitration and Conciliation Act.

Subject

Arbitration - Procedural Compliance

Headnote

(A) Arbitration and Conciliation Act, 1996 - Section 11(6) - Non-compliance with procedural protocol in arbitration agreement - The court addressed the failure to adhere to the protocol in Clause 25 of the Agreement, which affected the invocation of arbitration provisions. (Paras 1, 2)

(B) Withdrawal of petition - The petitioner sought leave to withdraw the petition and was granted liberty to seek re-approach after compliance with the agreement's protocol.

Findings of Court:
The petition is dismissed as withdrawn.

Issues: Whether the failure to comply with procedural requirements of the Agreement precluded invocation of arbitration provisions.

Ratio Decidendi: The court emphasized that strict adherence to the procedural terms outlined in the Agreement is essential for valid invocation of arbitration clauses.

Result: Petition dismissed as withdrawn.

Table of Content
1. (Para 1 , 2 , 3)

ORDER (Oral)

(Video-Conferencing)

C. Hari Shankar, J.

ARB.P. 321/2020

1. On the attention of Mr. Sehrawat, learned counsel for the petitioner, being drawn to the fact that the protocol prescribed in Clause 25 of the Agreement between the parties has not been strictly complied with and that, therefore, invocation of Section 11(6) of the Arbitration and Conciliation Act, 1996 at this stage may not be permissible, Mr. Sehrawat seeks leave to withdraw this petition, with liberty to re-approach the Court after following the protocol prescribed in Clause 25 of the Agreement.

2. Leave and liberty is granted as prayed for.

3. The petition is dismissed as withdrawn.