M/S R.K. JAIN AND SONS HOSPITALITY SERVICES(P) LTD vs NEW DELHI MUNICIPAL COUNCIL

Judgment text excerpt

$~O-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 566/2025 & I.A. 8087/2025 Date of Decision: 30.07.2025 IN THE MATTER OF: M/S R.K. JAIN AND SONS HOSPITALITY SERVICES(P) LTD .....Petitioner Through: Mr. Abhinav Sharma and Mr. Shreesh Pathak, Advs. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Akshay Verma, Addl. Standing Counsel for NDMC. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. Heard learned counsel for the parties. 2. The present petition has been filed under Section 11 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 under the Agreement dated 12.02.2019. 3. The facts of the case would indicate that the petitioner was awarded the work by the by the respondent under the RIP Division during 2018-19 with sub-head as Operation and Maintenance of 35 nos. toilets blocks in NDMC area for the period of one year. 4. As per the case set up by the petitioner, the aforesaid work was Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed SHARMA Signing Date:05.08.2025 By:PURUSHAINDRA 18:34:57 KUMAR KAURAV completed on 27.03.2017 to the full satisfaction of the respondent. Learned counsel for the plaintiff submits that the dispute has arisen in relation to the final bill including on account of clause 10C, which relates to refund of security deposit along with labour charge refund and alleged wrongful deduction of recovery etc. along with interest and cost of the arbitration. 5. The petitioner then contends that the respondent was approached for amicable resolution of the dispute through Dispute Resolution Committee (DRC). However, there was