Pradeep Vinod Construction Co. v. Union Of India .

S. Muralidhar, J.:— One of the objections raised by Mr. Jasjit Singh, learned counsel for the Respondent, is that the Petitioner has accepted the full and final payment and has also signed the supplementary agreement. Secondly, he submits that the Respondent should be permitted to appoint an Arbitrator in terms of the agreement between the parties.

2. Counsel for the Petitioner contests the above submission. He points out that a specific plea has been taken in the petition that the Petitioner was made to sign the supplementary agreement under duress and coercion.

3. The Court is of the view that the above question whether the discharge certificate and supplementary agreement were signed by the Petitioner under duress, would require evidence to be led and is therefore required to be examined by the learned Arbitrator. As far as the appointment of an Arbitrator is concerned, it is seen that the Respondent forfeited its right under the arbitration clause since it failed to appoint an Arbitrator despite invocation of the arbitration clause by the Petitioner on 5 May 2014, followed by another letter dated 12 January 2015.

4. In the circumstances, the Court appoints Mr. Ram Prakash, former District & Sessions Judge, Delhi, residing at B-52, Sector 49, Noida, District Gautam Budh Nagar, U.P.-201301 (Mob. No. 9990177710) as sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (‘DAC’). The fees of the learned Arbitrator will be in terms of the Delhi International Arbitration Centre Arbitration Proceedings (Arbitrators' Fees) Rules.

5. The petition is disposed of. A copy of this order be delivered to the learned Arbitrator as well as Additional Coordinator, DAC forthwith.