TATA PROJECTS - KALINDEE (JV) & ORS. vs RAIL VIKAS NIGAM LIMITED

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12 August 2024 Pronounced on: 20 May 2025 + ARB.P. 432/2024 & I.A. No. 35382/2024 TATA PROJECTS - KALINDEE (JV) & ORS. .....Petitioners Through: Mr. Rajiv Nayar, Sr. Advocate with Mr. Naveen Chawla, Advocate versus RAIL VIKAS NIGAM LIMITED .....Respondent Through: Mr. Udit Seth and Mr. Roshan Roy, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT % 20.05.2025 1. This is a petition under Section 11(6)1 of the Arbitration and Conciliation Act, 19962, for reference of the disputes, stated to have arisen between the petitioners on the one hand and the respondent on the other, to arbitration. 1 11. Appointment of arbitrators- (6) Where, under an appointment procedure agreed upon by the parties,— (a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or (c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, [the appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Court, in case of international commercial arbitration, or by the High Court, in case of arbitrations other than international commercial arbitration, as the case may be] to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment. 2 “the 1996 Act” hereinafter Signature Not Verified Signature Not Verified ARB.P. 432/2024 Page 1 of 31 Digitally Signed By:AJIT Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:21.05.2025 Signing Date:21.05.2025 12:15:28 12:14:48 Rival Pleadings Case of the Petitioners 2. The petitioners set