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$'^37 \\ HIGH COURT OF DELHI lA No. 5563/2013 in O.M.P. 106/2013
DHOOTDEVELOPERS PVT LTD & ANR Petitioners r Through: MrSandeep Sethi, Sr. Adv. with Mr
Rajat Joneja, Adv.
I
$'^37 \\ HIGH COURT OF DELHI lA No. 5563/2013 in O.M.P. 106/2013
DHOOTDEVELOPERS PVT LTD & ANR Petitioners r Through: MrSandeep Sethi, Sr. Adv. with Mr
Rajat Joneja, Adv.
VERSUS
DIRECTORATE GENERAL MARRIED ACCOMMODATION PROJECT Respondent
Through; Mr Jaswinder Singh, Adv.
Through; Mr Jaswinder Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
09.07.2013 This is a petition filed under Section 9 of the Arbitration &
Conciliation Act, 1996 (1996 Act). After some arguments, learned senior counsel for the petitioner Mr Sethi, on instructions, says that if the respondent were to appoint an arbitrator in terms of clause 60 of the general conditions of the contract obtaining between the parties, then the captioned petition can be decided by the arbitrator so appointed in terms of the said clause.
Mr Singh says that the first proviso to clause 60 of the general conditions, which contains the arbitration agreement between the parties, requires alternate arrangement to be finalized by the Government to get the works completed by or through any contractor or other agency. He informs me, on instructions, that the said process is underway and that it will take four months. TheNIT has beenissued against which applications havebeen
09.07.2013 This is a petition filed under Section 9 of the Arbitration &
Conciliation Act, 1996 (1996 Act). After some arguments, learned senior counsel for the petitioner Mr Sethi, on instructions, says that if the respondent were to appoint an arbitrator in terms of clause 60 of the general conditions of the contract obtaining between the parties, then the captioned petition can be decided by the arbitrator so appointed in terms of the said clause.
Mr Singh says that the first proviso to clause 60 of the general conditions, which contains the arbitration agreement between the parties, requires alternate arrangement to be finalized by the Government to get the works completed by or through any contractor or other agency. He informs me, on instructions, that the said process is underway and that it will take four months. TheNIT has beenissued against which applications havebeen
O.M.P. 106/2013 Page 1of2
2013:DHC:8391 t . ' I received andthe tender will be issued thereafter. As indicated above, this^yV'^ process will take four months.
Accordingly, both counsels agree that the petition can be disposed of with a direction for appointment ofan arbitrator, interms ofclause 60 ofthe agreement. It is orderedaccordingly.
On the arbitrator being appointed, the captioned petition shall be placed before him and he will treat the same as an application under Section
17 of the 1996 Act. It is made clear that arbitrator will give due opportunity to the parties to represent their case. The respondent will be at liberty to file its reply to the said application. The petitioner may file its rejoinder, if necessary. If necessary, the petitioner will also be at liberty to move other interlocutory applications under Section 17 of the 1996 Act. The arbitrator shall dispose of the application within eight weeks from the date of his entering upon reference.
Pending the disposal of the petition, interim order dated 27.02.2013 will continue to operate. The arbitrator will be free to vacate or modify or affirm or even expand the scope of the interim order dated 27.02.2013, in accordance with law.
The application is, accordingly, disposed of with the aforesaid directions. , RAJIV SHAKDHER, J.JULY 09,2013 /,o
2013:DHC:8391 t . ' I received andthe tender will be issued thereafter. As indicated above, this^yV'^ process will take four months.
Accordingly, both counsels agree that the petition can be disposed of with a direction for appointment ofan arbitrator, interms ofclause 60 ofthe agreement. It is orderedaccordingly.
On the arbitrator being appointed, the captioned petition shall be placed before him and he will treat the same as an application under Section
17 of the 1996 Act. It is made clear that arbitrator will give due opportunity to the parties to represent their case. The respondent will be at liberty to file its reply to the said application. The petitioner may file its rejoinder, if necessary. If necessary, the petitioner will also be at liberty to move other interlocutory applications under Section 17 of the 1996 Act. The arbitrator shall dispose of the application within eight weeks from the date of his entering upon reference.
Pending the disposal of the petition, interim order dated 27.02.2013 will continue to operate. The arbitrator will be free to vacate or modify or affirm or even expand the scope of the interim order dated 27.02.2013, in accordance with law.
The application is, accordingly, disposed of with the aforesaid directions. , RAJIV SHAKDHER, J.JULY 09,2013 /,o
O.M.P. 106/2013
2013:DHC:8391
2013:DHC:8391
JUDGMENT