BHARAT HEAVY ELECTRICALS LIMITED vs FITWELL CONSTRUCTIONS

Judgment text excerpt

$~O-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1759/2024 Date of Decision: 19.02.2025 IN THE MATTER OF: BHARAT HEAVY ELECTRICALS LIMITED .....Petitioner Through: Mr. Sarojanand Jha, Mr. Suraj Malik, Ms. Rajreeta Ghosh, Mr. Rahul Kumar and Ms. Muskan Saxena, Advocates. versus FITWELL CONSTRUCTIONS .....Respondent Through: Mr. Pranav Jain and Mr. A. Karthik, Advs. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. Heard learned counsel appearing for the parties. 2. The instant petition under Section 11 of the Arbitration and Conciliation Act, 1996 (the 1996 Act) has been filed by the petitioner to seek the appointment of a sole Arbitrator for adjudication of the dispute that has arisen between the parties. 3. The facts of the case would indicate that on 18.06.2010, Bharat Heavy Electricals Limited issued a tender notification for material handling and erection, testing, commissioning and trial operation of pelton type turbines, generators, switchgear, bus duct, excitation system, C and I etc. of 4x130 Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:24.02.2025 By:PURUSHAINDRA 16:17:39 KUMAR KAURAV MW Tapovan Vishnugad Hydro Electric Project of NTPC Limited at Animathgad (Helong), 14 km from Joshimath and 20 km from Pipalkoti in District-Chamoli, Uttarakhand. The LOI was issued in favour of the respondent. Pursuant to which, on 21.02.2011, the parties entered into a contract agreement for carrying out the aforesaid work. 4. There appears to be certain claims raised by the respondent which were not mitigated and thereafter, the respondent invoked the arbitration clause contained in the General Terms and Conditions of the Contract on 03.08.2020. The petitioner therein