ENGINEERING SYNDICATE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) An application was filed before Delhi High Court under Sec. 14 of the Arbitration Act, 1940 (old) (hereinafter referred to as "Act, 1940") for directions to the Learned Arbitrator/respondent No.3 to file the original Arbitration Award dtd. 26/6/2008 in the Court. The application was numbered as Suit in accordance with the Delhi High Court Rules. While the application was pending, the petitioner filed Objections vide I.A. 115/2009 under Sec. 15, 16, 30 and 33 of Arbitration Act, 1940 and I.A. 7249/2009 under Sec. 30 and 33 of the Arbitration Act.

(2.) The claim of the plaintiff before the learned Arbitrator was in the sum of Rs.58,44,073.00 and the claim amount in the counter-claim of the defendants was Rs.92,60,131.00.

(3.) Sec. 12 of the Commercial Courts Act, 2015 provides for determination of Specified Value. Clause 1(e) states that where a counter-claim is raised in any suit, appeal or application, the value of the subject matter of the commercial dispute in such counter-claim shall be taken into account along with the Claim amount. Sec. 12(2) further provides that the aggregate value of the claim and the counter-claim in an arbitration of a commercial dispute shall be the basis for determination of whether the arbitration is subject to the jurisdiction of the Commercial Appellate Division or Commercial Court, as the case may be.