PRISM JOHNSON LTD vs DOOSAN POWER SYSTEMS INDIA PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 9th July, 2025 + ARB.P. 2020/2024 PRISM JOHNSON LTD .....Petitioner Through: Mr. Abhimanyu Mahajan, Mr. Victor Das, Mr. Vipul Singh, Mr. Yash Jain, Ms. Anubha Goel and Mr. Mayank Joshi, Advocates. versus DOOSAN POWER SYSTEMS INDIA PVT LTD .....Respondent Through: Mr. Nitin Ray, Senior Advocate with Mr. Deepak K., Mr. Abhishek Bansal and Ms. Ankita, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. 1. This petition is filed on behalf of the Petitioner under Section 11(4)(a) and (6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of nominee Arbitrator of the Respondent Company to adjudicate the inter se disputes between the parties. 2. To the extent relevant, case of the Petitioner is that in the year 2017, Respondent approached the Petitioner for procuring ready-mix concrete for a Thermal Power Project ‘Obra C Extension Thermal Power Station’ in Uttar Pradesh. Petitioner and Respondent entered into a Sub-Contract dated 08.07.2017 for the said project, under which Petitioner agreed to carry out works for consideration and on the terms and conditions specified therein. Signature Not Verified ARB.P. 2020/2024 Page 1 of 29 Digitally Signed By:KAMAL KUMAR Signing Date:11.07.2025 18:21:26 Respondent issued a Purchase Order dated 25.07.2017, as per which Petitioner was required to supply 2,68,798 cum of ready-mix concrete to the Respondent. During the contract period, apart from agreed quantity of 2,68,798 cum, Petitioner on demand from the Respondent from time to time, supplied additional quantities also, in respect of which revised Purchase Order was issued on 07.07.2020. Revised purchase order was, however, not acceptable to the Petitioner and thus, it was mu