VADIM INFRASTRUCTURE PRIVATE LIMITED vs BHARAT HEAVY ELECTRICALS LIMITED

Judgment text excerpt

$~O-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 202/2025 Date of Decision: 04.03.2025 IN THE MATTER OF: VADIM INFRASTRUCTURE PRIVATE LIMITED .....Petitioner Through: Mr. V. M. Kannan, Ms. Harimohana N. and Mr. Mayank Singh, Advs. versus BHARAT HEAVY ELECTRICALS LIMITED .....Respondent Through: Mr. Mani Gupta, Ms. Sonali Jain and Ms. Garima Sharma, Advs. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. Learned counsel appearing for the respondent, at the outset, seeks liberty to not press the reply filed on behalf of the respondent. She, however, on instructions, consents for the appointment of Arbitrator, reserving all rights and contentions. 2. The present petition is for the appointment of an independent sole arbitrator to adjudicate the dispute between the parties. 3. The facts of the case would indicate that on 15.02.2016, respondent - Bharat Heavy Electricals Limited [BHEL] appears to have floated a tender Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:07.03.2025 By:PURUSHAINDRA 17:46:43 KUMAR KAURAV for the receipt of equipment/material, unloading, inspection, verification, storage, upkeeping during storage, erection, testing, commissioning and handing over of 400 kV substation at Bhuj, Gujarat (Pkg.-II) (“Project”). On 20.05.2017, the letter of intent appears to have been issued by BHEL to the petitioner. On 16.08.2017, a detailed work order was issued in favour of the petitioner. On 07.09.2017, a contract agreement was executed between the parties, agreeing upon certain terms and conditions for the completion of the project. 4. During the subsistence of the contract, certain disputes have arisen. Thus, the petitioner invoked arbitration clause 22 of the