SIRIUS GLOBAL LIMITED Vs. SOUTH EASTERN RAILWAY

JUDGEMENT

(1.) Present petition has been filed under Section 29A (4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'). Petitioner is a small enterprise registered under the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the 'MSMED' Act) and provides IT services to various organizations.

(2.) An Annual Maintenance Contract was executed between the Petitioner and Respondent - South Eastern Railway. As per the Petitioner, it executed the work under the Contract for the years 2009- 2012, to the satisfaction of the Respondent, but no payment was made by the Respondent.

(3.) It is averred in the petition that Petitioner had requested for appointment of an Arbitrator and while the Arbitrator was appointed by the Respondent, but no date was fixed in the proceedings and for many months nothing was heard either from the Respondent or from the Arbitrator. In these circumstances, Petitioner being MSME registered Company approached the Delhi MSME Facilitation Council as per the MSMED Act and the Council called for Conciliation. Conciliation having failed, the Council referred the dispute for Arbitration to the DIAC (Delhi International Arbitration Centre) and a Sole Arbitrator was appointed.