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Judgment
The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘A&C Act’), seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties, arising in context of a Work Order dated 07.08.2024.
The factual matrix, set forth by the petitioner, is that the parties entered into a Work Order dated 07.08.2024 for Supply & Installation of a White Marble Mandir with Radha Krishna Statue at the petitioner's manufacturing facility situated at Plot Nos. 94, 95, 104 & 105, Suncity Industrial Park, Savli, Vadodara, Gujarat, against a total contract value of Rs.6,45,000/-.
The said Work Order contemplated completion of the work within a period of 150 days. However, the respondents failed to perform their obligations under the said Work Order. Consequent to the continued default/breach on part of the respondents, the Work Order dated 07.08.2024 was terminated by the petitioner vide Termination Letter dated 31.01.2025. In furtherance of the termination, the petitioner called upon the respondents to refund the amount of Rs. 2,34,000/- paid as advance on 30.09.2024.
The respondents failed to refund the said amount, giving rise to the disputes between the parties.
Disputes having arisen, a notice invoking arbitration was issued by the petitioner on 30.10.2025. However, the same elicited no response. Hence, the present petition.
The Arbitration Clause contained in the Work Order dated 07.08.2024 is in the following terms:
Today, learned counsel for the parties, jointly request that an independent Sole Arbitrator be appointed by this Court to adjudicate the disputes between the parties.
Accordingly, as jointly prayed, Mr. Naman Joshi, Advocate (Mob. No. +91 9810057280), is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.
The respondents shall be at liberty to raise preliminary objections as regards arbitrability/jurisdiction, if any, which shall be decided by the arbitrator, in accordance with law.
The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties the requisite disclosure as required under Section 12 of the A&C Act.
Let the arbitration take place under the aegis of and asper the rules of the Delhi International Arbitration Centre (DIAC).
All rights and contentions of the parties in relation to the claims/counter claims are left open, to be decided by the learned Sole Arbitrator on merits, in accordance with law.
Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the case.
The present petition stands disposed of in the above terms.