Delhi High Court Appoints Ex-SC Judge Madan Lokur As Arbitrator In Dispute Between Construction Firm & DTTDC

The Delhi High Court has appointed former Supreme Court Judge, Justice Madan B. Lokur as sole arbitrator to adjudicate disputes between a partnership firm namely M/S K.B.G. Engineers and Delhi Tourism and Transportation Development Corporation Ltd (DTTDC) from five different tenders for construction and renovation work in relation to various projects.

Justice Anup Jairam Bhambhani was of the view that there was a valid and subsisting arbitration agreement between the parties and that none of the disputes sought to be raised by the firm were ex-facie non-arbitrable.

The petitioner firm had approached the High Court by way of filing five petitions under sec. 11(6) of the Arbitration & Conciliation Act 1996 seeking appointment of a sole arbitrator to adjudicate the disputes in question.

It was the case of the petitioner that the disputes essentially concerned the non-payment of arrears claimed by it for the work performed for the DTDC, which was providing project management consultancy services.

Accordingly, demands were raised and the arbitral mechanism was invoked vide various invocation notices dated issued by the petitioner firm to DTDC.

The counsel appearing for DTDC on instructions submitted that without prejudice to the its rights and contentions and leaving open all issues on merits, it had no objection if the disputes between the parties arising from these contracts were referred to the arbitration of a sole arbitrator to be appointed by the Court.

"Upon a conspectus of the foregoing, and upon a perusal of the documents on record; and based on the submissions made by counsel appearing for the parties, this court is satisfied that there is a valid and subsisting arbitration agreement between the parties; that this court has territorial jurisdiction to entertain and decide the present petitions; and that none of the disputes sought to be raised by the petitioner appear ex-facie to be non-arbitrable," the Court thus ordered.

The pleas were disposed of accordingly.

Title: M/S K.B.G. ENGINEERS v. DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD.

Citation: 2022 LiveLaw (Del) 584

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