M/S G AND G SERVICES PVT. LTD vs NEW DELHI MUNICIPAL COUNCIL

Judgment text excerpt

$-47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 346/2025 Date of Decision: 24.04.2025 IN THE MATTER OF: M/S G AND G SERVICES PVT. LTD .....Petitioner Through: Mr.Abhinav Mishra and Mr.Shreesh Pathak, Advocates. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr.Akshay Verma, ASC with Mr.Ravi Krishan Chandna, Assit. SC with Mr.Abhay Singh, Advocate. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) I.A. 4582 and 4583/2025 (For exemption) 1. Exemptions allowed, subject to all just exceptions. 2. The applications stand disposed of. ARB.P. 346/2025 and I.A. 4584/2025 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the 1996 Act) by the petitioner, seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties in terms of the letter of acceptance dated Signature Not Verified Signature Not Verified Signed By:DEEPAK Signed BISSYAN Signing Date:30.04.2025 By:PURUSHAINDRA 16:13:36 1 KUMAR KAURAV 07.12.2022 read with Agreement bearing no. 102/EE (BMPK)/ 2022-23. 2. There are various objections raised by the respondent in its reply opposing the petition under Section 11(6) of the 1996 Act. 3. A perusal of the said objections would indicate that, except for the one related to the petition being premature; the remaining objections concern the merits of the case. 4. With respect to the maintainability of the instant petition, learned counsel for the respondent contends that the notice for appointment of the Arbitrator was sent by the petitioner only on 24.01.2025, and a reminder thereto, was sent on 17.02.2025. He then contends that on the very same date i.e. on 17.02.2025, without expiration of 30 days mandatory period, t