Varun Gupta v. Irrigation and Flood Control Department Govt of NCT of Delhi & Ors.

Delhi High Court · 12 May 2022 · 2022:DHC:1855
Sanjeev Sachdeva
ARB.P.188/2022
2022:DHC:1855
civil petition_allowed

AI Summary

The Delhi High Court referred surviving disputes under a contract's arbitration clause to the Delhi International Arbitration Centre for appointment of a sole arbitrator, directing compliance with Section 12 of the Arbitration and Conciliation Act, 1996.

Full Text
Translation output
ARB.P.188/2022 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 12.05.2022
ARB.P. 188/2022
VARUN GUPTA ..... Petitioner
versus
IRRIGATION AND FLOOD CONTROL DEPARTMENT GOVT OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Surinder Goel, Advocate.
For the Respondent: Mr.Shadan Farasat, ASC, GNCTD with Mr. Shourya Dasgupta and Ms. Hafsa along with Mr. Vijay Singh, AE(I&FC).
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks reference of disputes arising out of arbitration clause contained in the work agreement dated 10.01.2017.

2. Learned counsel appearing for the respondent submits that some of the claims of the petitioner are under consideration and there is a likelihood that they shall be settled soon and thereafter payment would be made shortly.

3. Learned counsel for the petitioner submits that even if some of 2022:DHC:1855 ARB.P.188/2022 2 the claims are paid there will be still some surviving disputes and further there is no clarity as to when the payment of the claimed amount would be made by the respondent. He accordingly submits that since the disputes would continue to survive, they be referred to arbitration.

4. Without prejudice to the above, learned counsel for the parties agree that the disputes be referred to Delhi International Arbitration Centre for appointment of a Sole Arbitrator for adjudication of the disputes.

5. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint a sole arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

6. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

7. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

8. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J. MAY 12, 2022