Dhoot Developers Pvt Ltd & Anr v. Directorate General

ORDER %

09.07.2013 This is a petition filed under Section 9 of the Arbitration & ConciliationAct, 1996 (1996 Act). After some arguments,learned senior counsel for the petitioner Mr Sethi, on instructions, says that if the respondentwere to appointan arbitratorin termsof clause60 ofthe general conditionsof the contractobtainingbetweenthe parties,then the captioned petitioncan be decided by the arbitratorso appointedin terms of the said clause. Mr Singh says that the first proviso to clause 60 of the general conditions,which contains the arbitrationagreementbetween the parties, requiresalternatearrangementto be finalizedby the Governmentto get the works completedby or throughany contractoror otheragency. He informs me, on instructions,that the said process is underway and that it will take four months. TheNIT has beenissuedagainstwhich applicationshavebeen O.M.P. 106/2013 Page 1of2 t. ' I % receivedand the tenderwill be issuedthereafter. As indicatedabove,this^yV'^ processwill take four months. Accordingly,both counselsagree that the petitioncan be disposedof with a directionfor appointmentofan arbitrator,intermsofclause60 ofthe agreement. It is orderedaccordingly. On the arbitrator being appointed, the captioned petition shall be placedbeforehim and he will treatthe same as an applicationunderSection 17 of the 1996 Act. It is made clear that arbitrator will give due opportunity to the partiesto representtheircase. The respondentwill be at libertyto file its reply to the said application. The petitionermay file its rejoinder,if necessary. If necessary,the petitionerwill also be at libertyto move other interlocutoryapplicationsunder Section 17 of the 1996 Act. The arbitrator shall dispose of the applicationwithin eight weeks from the date of his entering upon reference. Pendingthe disposalof the petition, interim order dated 27.02.2013 will continueto operate. The arbitratorwill 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

I. I % $'^37 \\ IN THE HIGH COURT OF DELHI AT NEW DELHI + lA No. 5563/2013 in O.M.P. 106/2013 DHOOTDEVELOPERSPVT LTD & ANR Petitioners r Through:MrSandeepSethi,Sr. Adv. withMr Rajat Joneja, Adv. versus DIRECTORATE GENERAL MARRIED ACCOMMODATIONPROJECT Respondent Through;Mr JaswinderSingh,Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER