Former CJI Ramana appointed sole arbitrator to adjudicate disputes between DMRC, Arvind Tecno Globe JV
Mar 09, 2023
New Delhi [India], March 9 : The Delhi High Court has appointed former Chief Justice of India (CJI) NV Ramana as a sole arbitrator to adjudicate the disputes between Delhi Metro Rail Corporation (DMRC) and Arvind Tecno Globe JV which have arisen under the Contract Agreement dated July 22, 2013.
Justice Chandra Dhari Singh in an order passed on March 6, appointed Justice Ramanna as the independent sole arbitrator for the redressal of disputes between the parties.
Court noted that the dispute before this Court is limited to the extent qua the appointment of an independent arbitrator to adjudicate the disagreements arising between the parties qua the Contract Agreement dated July 22, 2013.
The petitioner, M/s Arvind Techno Globe (JV), submitted that the respondent, Delhi
Metro Rail Corporation Limited, is a joint venture between the Governments of India and Delhi.
According to the petitioner firm, the respondent vide letter dated May 15, 2013, awarded the work for "Part Design and Construction of Elevated Viaduct and two elevated stations viz Johri Enclave and Shiv Vihar stations including Architectural finishing, water supply, sanitary installation and drainage works of stations of line 7 Mukundpur-Yamuna Vihar Corridor of Phase -III Delhi MTRS in Delhi and Uttar Pradesh" to the petitioner.
Petitioner stated that the agreed-upon deadline for the completion of the work was May 19, 2015, but due to the respondent's error and a variety of excuses for the delay, including deferred heads of work, the petitioner was unable to finish the work by the deadline. The project was delayed by 27 months, and the petitioner finished it on October 30, 2018. The respondent granted the performance certificate for the same on February 25, 2020.
Petitioner further submitted that pursuant to the completion of work, the petitioner vide its letter dated June 2, 2022, raised its claim to the tune of Rs 20,64,14,428 under several heads. The said letter was addressed to the Chief Project Manager-4 of the respondent. It was further submitted that the respondent failed to release the said claim amount in favour of the petitioner.
The petitioner stated that since the efforts to resolve the dispute amicably have failed, the petitioner was constrained to invoke the arbitration clause.
