$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 851/2023 SIMPLEX INFRASTRUCTURES LIMITED .....Petitioner Through: Mr. Jayant Mehta, Sr. Adv. with Mr. Aayush Agarwala, Mr. Samrat Sengupta and Mr. Parag Chaturvedi, Advs.

versus INDIAN OIL CORPORATION LIMITED .....Respondent Through: Mr. V.N. Koura, Ms. Paramjeet Benipal and Mr. Sumit Benipal, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL)

% 03.09.2024

1. The petitioner and the respondent entered into a Contract Agreement dated 27 July 2017 for various civil works at Haldia Refinery.

2. Clause 9.0.0.0 and its sub clauses of the contract envisaged resolution of disputes by arbitration. For ease of reference, clause 9.0.0.0 and its sub clauses 9.0.1.0, 9.0.1.1 and 9.0.2.0 are extracted as under:

“9.0.0.0Arbitration

9.0.1.0 Subject to the provisions of Clauses 6.7.1.0, 6.7.2.0 and 9.0.2.0 hereof, any dispute arising out of a Notified Claim of the CONTRACTOR included in the Final Bill of the CONTRACTOR in accordance with the provisions of Clause 6.6.3.0 hereof, if the CONTRACTOR has not opted for the Alternative Dispute Resolution Machinery referred to in Clause 9.1.1.0 hereof, and any dispute arising out of any Claim(s)