RAHUL VERMA SOLE PROPRIETOR OF M/S JAI SHREE NATHJI LOGISTICS (INDIA) vs CONTAINER CORPORATION OF INDIA LTD.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17.03.2025 + ARB.P. 1443/2024 RAHUL VERMA SOLE PROPRIETOR OF M/S JAI SHREE NATHJI LOGISTICS (INDIA) .....Petitioner Through: Mr. Hari Kishan, Adv. versus CONTAINER CORPORATION OF INDIA LTD. .....Respondent Through: Mr. SC Rajpal, Mr. Varun Rajpal, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties arising out of the Contract Agreement bearing No. CON/DD/2012/B.A/32 dated 14.05.2012 (“agreement”). 2. The arbitration clause is contained as clause 6.12 of the said agreement and the same reads as under: “6.12 ARBITRATION: 6.12.1 Any dispute between the Business Associate and CONCOR will be resolved amicably by mutual consultations or through the good offices of the Director Domestic/CONCOR. Digitally Signed ARB.P. 1443/2024 Page 1 of 8 By:MAYANK Signing Date:03.04.2025 13:04:44 However, if such resolution is not possible, then, the unresolved disputes or differences shall be referred to an arbitrator, to be nominated by the Director Domestic/CONCOR. The Arbitration and Conciliation Act 1996 shall be applicable to the arbitration under this clause. The award of arbitrator shall be binding upon both parties to the dispute. 6.12.2 The services under this agreement shall be continued during the Conciliation/arbitration proceedings, unless it is proved that the services cannot possibly be continued during the arbitration proceedings” 3. The facts are that the petitioner is engaged in the business of domestic cargo logistic works for various Government Departments. The petitioner entered into the agreement with