# BHARAT HEAVY ELECTRICALS LIMITED vs FITWELL CONSTRUCTIONS

Court: Delhi High Court
Date: 2025-02-19
Citation: ARB.P.-1759/2024 2025:DHC:1193
Petitioner: BHARAT HEAVY ELECTRICALS LIMITED
Respondent: FITWELL CONSTRUCTIONS

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/59619022025AA17592024_161953.pdf)

## 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 4. There appears to be certain claims raised by the respondent which were not mitigated and thereafter, the respondent invoked the a

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