M/S DEWAN CHAND vs THE CHAIRMAN CUM MANAGING DIRECTOR AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.02.2025 Pronounced on : 26.03.2025 + ARB.P. 1387/2022 M/S DEWAN CHAND .....Petitioner Through: Mr. Tejpal Singh Kang, Advocate. versus THE CHAIRMAN CUM MANAGING DIRECTOR AND ANR .....Respondents Through: Mr. Sumit Teterwal, Advocate for R- 1. Mr. Ansh Singh Luthra, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The instant petition has been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the „A&C Act‟), seeking constitution of Arbitral Tribunal (hereafter, referred to as „AT‟) comprising of a Sole Arbitrator to adjudicate the disputes between the parties. 2. The dispute in the present case arises out of three work orders emanating from contract No. DTTDC/ENGG./EE(PB-1/123 dated 23.07.2016 awarded by respondent No.1 to the petitioner for carrying out the construction of the Staff Training Institute Building for Punjab & Sind Signature Not Verified Digitally Signed ARB.P. 1387/2022 Page 1 of 7 By:GAUTAM ASWAL Signing Date:27.03.2025 11:26:25 Bank at Sector - 3, Rohini, New Delhi and other ancillary works, for a total contract price of Rs. 13.57 Crores. Respondent No. 2 was engaged and appointed as the Project Management Consultant (“PMC”) by respondent No. 1. The petitioner claims to have successfully completed the work as per the schedule agreed between the parties. This position is disputed by the respondents. The petitioner had earlier filed a petition before this Court being OMP(I) No. 430/2016 which was disposed of vide order dated 07.11.2016 with direction to approach the Executive Director of the Bank for resolution of the disputes, with liberty to approach this Court for appointment of Arbitrator. Another petition bearing