M/S KK CONSTRUCTIONS vs NEW DELHI MUNICIPAL COUNCIL

Judgment text excerpt

$-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 329/2025 Date of Decision: 25.03.2025 IN THE MATTER OF: M/S KK CONSTRUCTIONS ..... PETITIONER Through: Mr. Abhishek Pandey and Mr.Ramesh Pandey, Advocates. Versus NEW DELHI MUNICIPAL COUNCIL .... RESPONDENT Through: Mr.Amit Saxena, ASC with Mr.Kapil Dutta, Advocate. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as “A&C Act”), seeking the appointment of an Arbitrator to adjudicate upon the disputes which has arisen between the parties. 2. Heard learned counsel appearing on behalf of the parties. 3. The facts of the case would indicate on 29.01.2018, the respondent Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:29.03.2025 By:PURUSHAINDRA 17:14:47 1 KUMAR KAURAV invited tenders for the work of improvement of palika kendra building, sub head: providing silicon treatment at the exposed surface of palika kendra building. The petitioner appears to be the successful bidder. The letter of acceptance was issued; and thereafter, an agreement was executed between the parties. 4. As per the case set up by the petitioner, the work was completed and a completion certificate was also issued. The petitioner contends that as per the final bill, the respondent did not make the payment and the petitioner thereafter approached the concerned authority of New Delhi Municipal Corporation (NDMC). 5. Since, no response was received, the petitioner vide legal notice dated 26.12.2024 invoked Arbitration Clause 25 of the Agreement. Since, the respondent did not respond to the said notice, therefore, the petitioner has app