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DELHI HIGH COURT
NEENA BANSAL KRISHNA
S.S. Engineers – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for arbitration appointment (Para 1) |
| 2. contractual facts and establishment of claims (Para 2 , 3 , 4) |
| 3. court's observations on arbitration clause (Para 5) |
| 4. appointment of arbitrator (Para 6 , 7 , 8 , 9) |
| 5. conclusion and disposition of the petition (Para 10) |
JUDGMENT
Neena Bansal Krishna, J. (Oral)--A petition under Section 11 of the Arbitration & Conciliation Act, 1996 read with section 151 CPC has been filed on behalf of the petitioner for appointment of independent arbitrator.
2. The facts in brief are that Sh. V.K. Kapoor, sole proprietor of the petitioner firm was awarded work pertaining to "Construction of Limited Height Subway of RDSO design, RCC boxes by cut and cover methodology in lieu of level crossing no. 2, 3 & 5 Garhi Harsaru Jn to Faruukhnagar Section" vide acceptance letter dated 11th March, 2016 for Rs.5,00,37,709.61. The stipulated date of completion of 12 months from the date of awarding the work i.e the work was to be completed by 10th March, 2017. The respondent did not show any seriousness and neither proper site was handed over nor the drawings/requisite instructions were given to the petitioner for execution of work despite seve
The appointment of an arbitrator is warranted when a valid arbitration clause exists and the opposing party does not object, ensuring prompt resolution of contractual disputes.
Point of Law : Arbitrator making the necessary disclosure as required under Section 12(1) of the Arbitration & Conciliation Act.
The court ruled that jurisdiction under Section 11(6A) is limited to assessing the existence and validity of arbitration agreements, with unresolved factual disputes requiring arbitration.
An arbitration agreement is enforceable despite claims of payment completion, recognizing the agency relationship between parties, allowing disputes to be resolved through arbitration.
The court established that an arbitration agreement exists between the petitioner and the respondents, as the executing agency was acting on behalf of the principal; claims related to payment dispute....
The court upheld the validity of the arbitration agreement and recognized the petitioner’s adherence to the procedural requirements for arbitration, irrespective of the respondent's claims regarding ....
Court under Section 11(6) appoints arbitrator upon undisputed invocation of arbitration clause in contract, permitting respondents to raise limitation and merits objections before tribunal.
The main legal point established is the enforcement of the arbitration clause and the appointment of a sole arbitrator to resolve the dispute.
The court's decision emphasized the appointment of a sole Arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996.
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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