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/ $--7 HIGH COURT OF DELHI
ARB.P. 316/2012
' M/S RAVI BUILDERS Petitioner
Through Mr.Moni Cinmoy, Adv.
ARB.P. 316/2012
' M/S RAVI BUILDERS Petitioner
Through Mr.Moni Cinmoy, Adv.
VERSUS
NORTH DELHI MUNICIPAL CORPORATION Respondent
Through Mr.Anshuj Dhingra, Adv.
Through Mr.Anshuj Dhingra, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SEVGH
19.02.2013 The present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an ai'bitiator. , _ .
The case of the petitioner is that the petitioner was awarded the work of constiiiction of Multistoried School Building at Turkman Gate (Balance
Work) in S.P. Zone. It is statedin the petition that the work was completed
\ to the entire satisfaction ofthe respondent on 30^'^ September, 2009 and after
A completion ofthe work, the measurements were done and duly recorded in the measurement book, however, the final bill was not prepared by the respondent. Thereafter, the petitioner wrote various letters to the respondent for clearance of the pending bills. However, the payment was not made by the respondent. Being aggrieved, the petitioner sent a notice dated 26^'' April, 2012 invoking the arbitration clause and requested for appointment of an arbitrator as the disputes arose between the parties with
2013:DHC:8048 V / V / / \ \ A regard to non-payment of bills and security deposit along with other claims.
However, the respondent failed to appoint the arbitrator within the stipulated time. Hence, the present petition has been filed by the petitioner for appointment of an arbitiator.
From the aforesaid, it is cleai' that a binding ai'biti-ation agreement is in existence between the parties and the claims appear to be live from the coiTespondenceplaced on record. Since the respondent has failed to appoint an arbitrator within stipulated time, the present petition is allowed. Justice
S.N. Aggarwal, retired Judge of High Court, 45/5, Rajpur Road, Delhi-54, (Mob.9425309494), is appointed as sole Arbitrator to adjudicate the dispute between the parties. The fee shall be paid to the sole Arbitrator as per mles maintained by Delhi High Court Arbitration Centre. Parties shall appear before him on 4^'^ Mai'ch, 2013, Sole Ai'bifrator shall give prior notice to both the parties before commencing the proceedings. The petition stands disposed of
A copy of the order be coimnunicated to the sole Arbitrator for infonnation and also to both parties.
. lQ^NM^h(^N^Gk, J.
FEBRUARY 19,2013/jk L 2013:DHC:8048
19.02.2013 The present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an ai'bitiator. , _ .
The case of the petitioner is that the petitioner was awarded the work of constiiiction of Multistoried School Building at Turkman Gate (Balance
Work) in S.P. Zone. It is statedin the petition that the work was completed
\ to the entire satisfaction ofthe respondent on 30^'^ September, 2009 and after
A completion ofthe work, the measurements were done and duly recorded in the measurement book, however, the final bill was not prepared by the respondent. Thereafter, the petitioner wrote various letters to the respondent for clearance of the pending bills. However, the payment was not made by the respondent. Being aggrieved, the petitioner sent a notice dated 26^'' April, 2012 invoking the arbitration clause and requested for appointment of an arbitrator as the disputes arose between the parties with
2013:DHC:8048 V / V / / \ \ A regard to non-payment of bills and security deposit along with other claims.
However, the respondent failed to appoint the arbitrator within the stipulated time. Hence, the present petition has been filed by the petitioner for appointment of an arbitiator.
From the aforesaid, it is cleai' that a binding ai'biti-ation agreement is in existence between the parties and the claims appear to be live from the coiTespondenceplaced on record. Since the respondent has failed to appoint an arbitrator within stipulated time, the present petition is allowed. Justice
S.N. Aggarwal, retired Judge of High Court, 45/5, Rajpur Road, Delhi-54, (Mob.9425309494), is appointed as sole Arbitrator to adjudicate the dispute between the parties. The fee shall be paid to the sole Arbitrator as per mles maintained by Delhi High Court Arbitration Centre. Parties shall appear before him on 4^'^ Mai'ch, 2013, Sole Ai'bifrator shall give prior notice to both the parties before commencing the proceedings. The petition stands disposed of
A copy of the order be coimnunicated to the sole Arbitrator for infonnation and also to both parties.
. lQ^NM^h(^N^Gk, J.
FEBRUARY 19,2013/jk L 2013:DHC:8048
JUDGMENT