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IN THE HIGH
ARB.P.5I2OII
NIRANJAN SINGH
COURT OF DELHI AT NEW DELHI
Through: ..... Petitioner
Mr. B.P.Singh, Adv.
VETSUS
MUNICIPAL CORPORATION OF DELHI & ANR .... Respondents
Through: Ms. Mini Pushkarna, Standing
Counsel for MCD.
,?
1. x
/i"
IN THE HIGH
ARB.P.5I2OII
NIRANJAN SINGH
COURT OF DELHI AT NEW DELHI
Through: ..... Petitioner
Mr. B.P.Singh, Adv.
VETSUS
MUNICIPAL CORPORATION OF DELHI & ANR .... Respondents
Through: Ms. Mini Pushkarna, Standing
Counsel for MCD.
CORAM:
HON',BLE MR. JUSTICE VIPIN SANGHI
22.09.20LL fhis petition has been preferred under Section 11 of the
Arbitration and Conciliation Act, l-996 to seek appointment of an arbitrator in terms of clause 25 of General Rules and Terms.
Upon issuance of notice the respondent has filed its reply. The stand of the respondent is that the work in question was got done from
^ the petitioner on daily basis. No formal agreement was entered into
:t between the parties which contains an arbitration clause. lt is, therefore, submitted that there is no binding arbitration agreement between the parties. Reference is also made to clause 1 in the definition contained in the Conditions of Contract, which states that the
'Contract' means the documents forming the tender and acceptance thereof, and the formal agreement executed between the competent authority and the Contractor. o/o
2011:DHC:6928
No formal contract has been entered into between the parties.
There is no arbitration agreement entered into between the parties and, therefore, this petition is not maintainable.
Learned counsel for the petitioner submits stand taken by the respondent, the petitioner petition and prefer such other remedy as may petitioner under the law.
The petition is accordingly dismissed, lr4 ' petitioner to prefer such other remedy as may be the law.
SEPTEMBER 22,2OLL mm
,-' that in view of the would withdraw this be available to the with liberty to the available to it under vtPtN SANGHI, J
&
2011:DHC:6928
22.09.20LL fhis petition has been preferred under Section 11 of the
Arbitration and Conciliation Act, l-996 to seek appointment of an arbitrator in terms of clause 25 of General Rules and Terms.
Upon issuance of notice the respondent has filed its reply. The stand of the respondent is that the work in question was got done from
^ the petitioner on daily basis. No formal agreement was entered into
:t between the parties which contains an arbitration clause. lt is, therefore, submitted that there is no binding arbitration agreement between the parties. Reference is also made to clause 1 in the definition contained in the Conditions of Contract, which states that the
'Contract' means the documents forming the tender and acceptance thereof, and the formal agreement executed between the competent authority and the Contractor. o/o
2011:DHC:6928
No formal contract has been entered into between the parties.
There is no arbitration agreement entered into between the parties and, therefore, this petition is not maintainable.
Learned counsel for the petitioner submits stand taken by the respondent, the petitioner petition and prefer such other remedy as may petitioner under the law.
The petition is accordingly dismissed, lr4 ' petitioner to prefer such other remedy as may be the law.
SEPTEMBER 22,2OLL mm
,-' that in view of the would withdraw this be available to the with liberty to the available to it under vtPtN SANGHI, J
&
2011:DHC:6928
JUDGMENT