Satnam Engineers and Fabricators Pvt. Ltd v. Punj Lloyd Limited

O R D E R %

16.11.2016

¶1At the outset, the learned counsel for the respondent submits that the present petition is pre-mature as (i) the petitioner has not initiated proceedings for an amicable resolution of the disputes; and (ii) the petitioner has not invoked the arbitration clause as yet.

¶2At this stage, the learned counsel appearing for the petitioner submits that the present petition may be treated by the respondent as an invitation to resolve the disputes amicably. The learned counsel for the respondent suggests that the parties may be referred to Delhi High Court Mediation and Conciliation Centre (DHCMCC) for mediation.

¶3With the consent of the parties, they are referred to DHCMCC for an amicable resolution of the disputes. The representatives of the parties shall

appear before the concerned officer of DHCMCC on 25.11.2016 at 3.30 p.m.

¶4In the event, the parties are unable to resolve their disputes within a period of four weeks from that date, the parties shall take steps for constitution of the Arbitral Tribunal. The respondent shall also explore the possibility of referring the disputes to a sole arbitrator instead of a panel of three arbitrators.

¶5If the arbitral tribunal is not constituted within a period of two weeks from 25.12.2016, the petitioner would be at liberty to approach this court under Section 11 of the Arbitration and Conciliation Act, 1996.

¶6The petition is disposed of with the aforesaid directions.

VIBHU BAKHRU, J NOVEMBER 16, 2016 pkv

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 571/2016 SATNAM ENGINEERS AND FABRICATORS PVT. LTD. ..... Petitioner Through Mr Yudhvir Singh Chauhan, Mr Gajendra Kumar, Mr Parveen Kumar, Advocates with petitioner in person. versus PUNJ LLOYD LIMITED ..... Respondent Through Ms Gurkamal Hora Arora, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU