Full Text
HIGH COURT OF DELHI
ARB.P. 535/2013
DELI-U CLEANTECH SERVICES PVT LTD Petitioner
Through: Mr. Saurabh Prakash, Advocate
Through: Mr. Gaurang Kanth with Mr. Arun, Executive Engineer, DEMS, Central Zone
DELHI CLEANTECH SERVICES PVT LTD Petitioner
Through: Mr. Saurabh Prakash, Advocate
Through: Mr. Gaurang Kanth with Mr. Arun, Executive Engineer, DEMS, Central Zone
06.12.2013 IANo.19820/2013 (Exemption) in ARB. P. 535/2013 lA No. 19686/2013 (Exemption) in OMP 1205/2013
ORDER
1. Allowed subject to just exceptions. ARB. P. 535/2013 AND OMP 1205/2013
2. These are two petitions, one filed under Section 11 ofthe Arbitration and Conciliation Act, 1996 (in short the Act) and, the other, fded under Section 9 of the very same Act.
3. Mr. Kanth, who appears on behalf of the respondent, on advance notice, waives service of notice. ARB.P. 535/2013 and OMP 1205/2013 2013:DHC:8406
5.
4. Mr. Kanth at the very outset states that the speaking order dated 24.10.2013 which seeks to terminate the contract with the petitioner needs to be recalled and the respondent will be willing to give the petitioner a fresh hearing in the matter. He further states that the order dated 24.10.2013 be treated as a show cause notice, to which, the petitioner should be free to file a reply. Accordingly, it is Mr. Kanth's submission that in so far as the petition under Section 11 of the Act is concerned that can await the outcome of the adjudication order, which the respondent will pass after giving due hearing to the petitioner.
5. The learned counsel for the petitioner says that there are disputes even with regard to the past claims.
6. Ml". Kanth says that those issues, if raised, will also be considered by the respondent. Accordingly, both the captioned petitions are disposed of with the following agi-eed directions (i). Order dated 24.10.2013 is set aside, which will, however, be treated as a show cause notice to the petitioner. The petitioner will be at liberty to fde its response to the same within four weeks from today. (ii). Upon the petitioner filing a response, the respondent will adjudicate upon the same. It is made clear that the adjudication will also involve disputes with regard to the past claims if, a grievance is made with regard to the same by the petitioner by way of a separate representation in that behalf. (iii). In case the adjudication order passed by the respondent is adverse to the interest of the petitioner, the petitioner will be at liberty to take recourse to a remedy as may be available to it in accordance with the provisions of •1) " the contract obtauiing with the respondent; albeit in consonance with the law.
7. The captioned petitions are accordingly disposed of with the aforesaid directions. nv RAJIV SHAKDHER, J DECEMBER 06, 2013 Yg