THERMAL ENGINEERS AND INSULATORS PVT. LTD. Vs. DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD

JUDGEMENT

(1.) This petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (in short, the "Act') seeking the appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the work of "Construction, Up-gradation and face lifting of Govt. Sarvodaya Co-ed Vidyalaya Sec- 9, Rohini (School ID: 1413010) at Rohini, New Delhi-110085'.

(2.) The Arbitration Agreement between the parties is contained in Clause 25(ii) of the General Conditions of Contract (in short, "GCC').

(3.) Disputes having arisen between the parties with regard to the alleged payment due to the petitioner for the above work, the petitioner filed a petition under Sec. 11 (6) of the Act being ARB. P. No.1097/2021, titled M/s Thermal Engineers and Insulators Pvt. Ltd. v. Delhi Tourism and Transportation Development Corporation Ltd. The same was disposed of by the order of this Court dtd. 28/2/2022 observing that in terms of Clause 25(i) of the GCC, the petitioner was to first file an appeal before the Chief Engineer; and failing any decision thereon, the petitioner had the remedy to a further appeal before the Dispute Resolution Committee (in short, "DRC'); and only thereafter, the remedy to file a petition under Sec. 11 of the Act would be available to the petitioner. The petition was, therefore, dismissed as being premature.