IN THE HIGH COURT OF DELHI AT NEW DELHI
HON'BLE MR. JUSTICE ANIL KSHETARPAL, HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR, JJ
LATE SH PRAMOD KUMAR JAIN PROPRIETOR OF MS JAIN ENTERPRISES THROUGH HIS LEGAL HEIRS ORS & ORS. – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI & ANR. – Respondent
2. The Arbitral Award dated 30.03.2012 4, passed by the learned Sole Arbitrator, was challenged by the Appellants by filing a petition under Section 34 of the A&C Act. However, the learned Commercial Court, vide the Impugned Judgment, dismissed the said petition and upheld the Arbitral Award.
3. The dispute arises out of a contract between the Appellants and the Respondents concerning three work orders for road-raising and allied works, two dated 17.11.2000 and one dated 02.01.20015. The General Terms and Conditions applicable to the work orders envisage resolution of the disputes by arbitration. The relevant Arbitration Clause in the General Terms and Conditions is reproduced as under:-
“Clause 25
Settlement of Disputes & Arbitration
Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here-in-before mentioned and as to the quality of workmanship or materials as used-on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these condit
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