M/S VALLABH CORPORATION vs SMS INDIA PVT LTD

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.03.2025 + ARB.P. 1119/2024 M/S VALLABH CORPORATION .....Petitioner Through: Mr. Ramesh Singh, Sr. Adv. with Ms. Monisha Nanda, Mr. Rajul Shrivastav, Advs. versus SMS INDIA PVT LTD .....Respondent Through: Mr. Sujoy Datta, Mr. Surekh Kani Baxy, Mr. Aarsheya Sharda, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of Service Order dated 31.12.2018 and Purchase Order dated 08.01.2019. 2. It is stated by Mr. Singh, learned senior counsel for the petitioner that the petitioner is a Micro, Small and Medium Enterprise registered under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”) and thus entitled to the benefits of the MSME Act. 3. Brief facts are that on 06.11.2018, the respondent placed a Letter of Intent for execution of civil and associated work for construction of New Flash Butt Weld Engineering Workshop at Sabarmati. On 14.11.2018, the respondent placed a revised Letter of Intent for execution of the said work. Digitally Signed By:DEEPANSHU MALASI ARB.P. 1119/2024 Page 1 of 12 Signing Date:21.03.2025 19:33:38 The respondent also issued purchase order for supply of civil and associated materials for foundations finishing and associated works for its construction. 4. Both the Service Order as well as the Purchase Order contained identical arbitration clause as Clause 34 which reads as under: “34.0 ARBITRATION 34.1 In the event of any dispute or differences arising from or in connection with this Purchase Order, the same shall be resolved amicably in good fai