High CourtsSingle Bench(2022) 05 DEL CK 0080

Varun Gupta vs Irrigation And Flood Control Department Govt Of Nct Of Delhi & Ors.

Delhi High Court · Decided on 12 May 2022

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Petition No. 188 Of 2022

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Judgment

9 paragraphs · 249 words

Sanjeev Sachdeva, J

1.

Petitioner seeks reference of disputes arising out of arbitration clause contained in the work agreement dated 10.01.2017.

2.

Learned counsel appearing for the respondent submits that some of the claims of the petitioner are under consideration and there is a likelihood that they shall be settled soon and thereafter payment would be made shortly.

3.

Learned counsel for the petitioner submits that even if some of the claims are paid there will be still some surviving disputes and further there is no clarity as to when the payment of the claimed amount would be made by the respondent. He accordingly submits that since the disputes would continue to survive, they be referred to arbitration.

4.

Without prejudice to the above, learned counsel for the parties agree that the disputes be referred to Delhi International Arbitration Centre for appointment of a Sole Arbitrator for adjudication of the disputes.

5.

In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint a sole arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

6.

The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

7.

The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

8.

Petition is disposed of in the above terms.