FAITH CONSTRUCTIONS vs N.W.G.E.L CHURCH

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 17.02.2025 Pronounced on : 20.03.2025 + ARB.P. 1318/2024 FAITH CONSTRUCTIONS .....Petitioner Through: Mr. Rajeev M. Roy, and Mr. P. Srinivasan, Advocates. versus N.W.G.E.L CHURCH .....Respondent Through: Ms. Susmita Mahala, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of present petition filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks appointment of an Arbitral Tribunal comprising of a Sole Arbitrator, to adjudicate upon the disputes that have arisen between the parties. 2. The parties entered into an Agreement dated 06.07.2022 (hereinafter, ‘subject agreement’) for construction work for Bishop's Residence Ground Floor Building for N.W.G.E.L Church, Dakshini Diocese, Jatratoli, Dudukabahal, PO- Garvana, PS Rajgangpur, District Sundergarh (hereinafter, ‘subject property’) located in Odisha. Clause 9 of the subject agreement stipulates resolution of disputes through Arbitration. 3. Petitioner alleges breach of subject agreement by the respondent Signature Not Verified Digitally Signed ARB.P. 1318/2024 Page 1 of 7 By:GAUTAM ASWAL Signing Date:21.03.2025 14:58:26 inasmuch as not only the respondent failed to complete the work within the stipulated time period, but also defaulted in making payments. The petitioner invoked arbitration by issuing notice dated 08.07.2024 under Section 21 of the A&C Act. 4. Learned counsel for the respondent, at the outset, raises a preliminary objection as to the jurisdiction of this Court to entertain the present matter. It is the case of the respondent that the arbitration clause being silent as to the seat/venue of arbitration, the seat/place for arbitration ou