IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. ______ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

MASTER INDEX

INDEX-I

INDEX-II

INDEX-III

INDEX-IV

LIST OFDOCUMENTS

Note:

1.    No any other petition, writ, appeal etc. has been filed or pending with respect to the Work Order dated 17.05.2022.

2.    The soft copy enclosed is the replica of the hard copy.

3.    The copy of this petition is already served to the respondents through email / regd. Post.

4.    The petitioner has not received any notice / caveat regarding the Work Order dated 17.05.2022.

DELHI                                                                              FILED BY 

DATED

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX,

XXXXX.

Mob. No.+91XXXXXXX

Email: XXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. ______ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

INDEX-I

DELHI                                                                              FILED BY 

DATED

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO.               OF 2023.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

INDEX-II

DELHI                                                                              FILED BY 

DATED

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO.               OF 2023.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

INDEX-III

DELHI                                                                              FILED BY 

DATED

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO.               OF 2023.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

INDEX-IV

LIST OFDOCUMENTS

DELHI                                                                              FILED BY 

DATED

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. _____ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

URGENT APPLICATION

To

The Deputy Registrar

High Court of Delhi

New Delhi

Sir,

Kindly treat the accompanying application/ petition as urgent one as the relief for appoint an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to decide the disputes between the parties.

              PETITIONER

DELHI                  THROUGH

DATED:                                  

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. ______ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

MEMO OF PARTIES

XXXXX

Having its registered office at XXXXX

Through its Director/AR                                          : PETITIONER

VERSUS

1. XXXXX

Through its Authorized Representative / Partners

Email: XXXXXX

2. XXXXX

Partner

XXXXX

Email: XXXXXX

Mobile: XXXXX

3. XXXXX

Partner

XXXXX

Email: XXXXXX

All at:-

XXXXX

New Delhi-1100**.                                                 : RESPONDENTS

--------------------------------------------------------------------------------------

                                                                                    PETITIONER

DELHI                  THROUGH

DATED:                                  

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO.               OF 2023.

IN THE MATTER OF: -

XXXXX

Having its registered office at XXXXX

XXXXX

Through its Director/AR                                          : PETITIONER

VERSUS

1. XXXXX

Through its Authorized Representative / Partners

Email: XXXXXX

2. XXXXX

Partner

XXXXX

Email: XXXXXX

Mobile: XXXXX

3. XXXXX

Partner

XXXXX

Email: XXXXXX

All at:-

XXXXX

XXXXX                                                                  : RESPONDENTS

PETITION ON BEHALF OF THE APPLICANT UNDER SECTION 11(6) OF THE ARBITRATION & CONCILIATION ACT, 1996 READ WITH SECTION 151 OF CIVIL PROCEDURE OF CODE, 1908.

MOST RESPECTFULLY SHOWETH:-

1.              That the petitioner is a Private Limited Company registered under the Companies Act, 1956 having its office at New Delhi, Delhi. The company, inter aha, is engaged in the business of constriction. Thai owing to its distinguished working style and transparency, the Petitioner has attained a commendable image not only in the State of Delhi but in the entire country and is as such a revered name in the industry.

2.              That as per the information available at the web portal of MCA, VSY Logistic Park LLP. i.e. Respondent No. 1 is a Limited Liability Partnership (LLP) is based out of Delhi and was officially incorporated on 18.02.2020. That Mr. Vikas Yadav, Respondent No. 2 and Mr. Bishen Yadav, Respondent No. 3 are the two Partners of Respondent No. 1 who are responsible for the day-to-day operations of Respondent No. 1.

3.              That after considerable negotiations between the parties, the Respondents were pleased to issue the Work Order dated 17.05.2022 (hereinafter referred to as "WO"), thereby, issuing the project at Goyla Khurd, New Delhi for the construction of a warehouse building with materials (excluding concrete and steel) for die site situated at FWS LOGISTIC PARK, Goyla Khurd, Delhi in favour of the Petitioner as per the terms and conditions as mentioned and agreed upon therein. The Petitioner is under extreme mental pressure and anxiety due to their misconduct, high-headedness and improper dealings in relation to the WO.

4.              That the Respondents are responsible for the day-to-day affairs of VSY Logistic Park LLP and thereby it was their duty to adhere and comply with all the terms and conditions of the WO in its letter and spirit as signed between the parties.

5.              That the aforesaid final WO was sent and shared with the Petitioner via email on 23.07.2022 whereas the hard copy of the same was collected from Respondents’ office on 28.07.2022. Thereafter, a hard copy of the said WO was signed by the Petitioner on the same day and sent back the Respondents on 29.07.2022.

6.              That the several emails have been exchanged between the parties, wherein, the Respondents have admitted the fact that the project land was not demarcated until mid July, 2022, thereby the actual physical possession of the project land was only handed over to the Petitioner on 29.07.2022, i.e., the date on which the WO was finally signed by the Petitioner and handed over to the Respondents.

7.              Even though the WO was prepared by mutual consent in the month of May, 20**, however, the Respondents were unable to get the clearances and demarcation done on the agreed-upon time period. Thus there was a delay at their end to hand over the possession of the project site to the Petitioner until end of July, 2022.

8.              As per the terms and conditions of the WO, the agreed-upon time period within which the construction was to be completed at the project land was seven months, i.e., six months and two weeks is the initial stipulated time in the WO, and thereafter grace period of another two weeks.

9.              Thus, the stipulated time period of seven months was to mature on 28.02.2023, however, to the Petitioner's complete shock and dismay, an illegal termination letter was served upon the Petitioner on 21.02.2023. That the said termination letter dated 21.02.2023 is completely flawed as the same has been issued without any reasonable grounds for such termination. The Petitioner has issued a detailed reply to their termination letter on 23.02.2023, to which the Respondents have neither paid any head nor bothered to respond till date.

10.           Moreover, as the Respondents are also aware, there was a NGT Ban imposed for all construction sites in Delhi which continued and extended for a period of 35 days because of which no construction work could be carried out. Therefore, in the calculation of the time period within which the project site was to be completed, this period of 35 days has to be added over and above the seven month period.

11.           Additionally, there has been a delay and stoppage of work by 7-10 days which was due to the NUAI work right outside the project site because of which the Petitioner was unable to bring his machines and raw materials in order to carry out construction work. Several communications via emails and WhatsApp Chats have been exchanged between the parties wherein the Respondents have accepted the fact that the entry to the project site was blocked and accordingly the Respondents had sought time to resolve the said issue with NHAJ. As per the terms and conditions contained in the WO, the access to the project site was the responsibility of the Respondents and any hindrance in execution of scope as per the WO has to be accounted for and the Petitioner deserves the extension of the very same days.

12.           That the Respondents have also been made aware of the fact that there was delay of 10-12 days due to shortage of concrete. The shortage of concrete was due to the Respondents negligence as the said duty and responsibility as per the WO was casted upon Respondents, in order to provide concrete to the Petitioner at the project site. The said fact is recorded and evident from the various emails/ WhatsApp chats wherein the Respondents have admitted shortage and delay in providing concrete to the Petitioner.

13.           Further, as per the terms and conditions contained in the WO, it was the Respondents duty to provide drawings of PT Beam and boundary walls which were to be installed and constructed at the project site. There has been a delay of more than one month as the Respondents failed to provide the same as per the agreed-upon time lines. The said fact is evident and established from the most recent drawing which was sent by the Respondents only on 04.02.2023, i.e. 17 days prior to issuing the termination letter dated 21.02.2023, showcasing and portraying the malafide, irresponsible intention and behaviour of the Respondents, to cause grave loss to the Petitioner.

14.           That if the aforesaid delays, i.e., the NOT Ban or inordinate delay at their end due to missing drawings, shortage of concrete and restricted entry to the project site are to be calculated and accounted for then the Petitioner is legally bound and entitled to get additional 90-100 days, for the completion of the work at the project site, which automatically takes the project completion date to June, 2023. The aforesaid delays and extension of time period have been recorded in various communications between the parties through emails and WhatsApp chats, wherein the Respondents have also admitted their fault and time and again the Respondents have been seeking time to rectify these issues as raised by the Petitioner.

15.           That the Respondents negligent and irresponsible behaviour have caused grave financial loss and mental harassment to the Petitioner. Even then due to the long held mutual admiration, the Petitioner has tried to resolve these issues amicably but the Respondents have failed to show any keen interest in settling the outstanding claims towards the Petitioner.

16.           That even after the Respondents have illegally terminated the WO which has caused grave financial loss to the Petitioner, the Petitioner's endeavour has been to resolve the dispute amicably and accordingly shared the detailed claim with the Respondents through email and also handed over a hard copy of the claim/ dues to their staff along with all the supporting data and details.

17.           However, to the Petitioner's utmost surprise, the Respondents after a period of one month have raised a baseless counter-claim which is rather contrary to the WO signed between the parties. This illegal and unsubstantiated counter-claim raised by the Respondents proves their malafide intentions to not settle the legitimate claims raised by the Petitioner on amicable terms and further shows their ill intentions to cheat the Petitioner and cause further financial hardships/ losses to the Petitioner.

18.           That the Petitioner has attempted to engage with the Respondents on disagreements and disputes which they have created, however, any and all efforts of the Petitioner have failed as the Respondents have refused to cooperate so as to settle the legitimate claims and disputes as raised by the Petitioner.

19.           That the Petitioner is left with no other option but to invoke the arbitration clause as stipulated in the WO so as to recover the dues which the Respondents have very conveniently withheld and refused to pay to the Petitioner which is causing grave financial loss to the Petitioner.

20.           That by way of the legal notice dated 29.05.2023 the petitioner in terms of the WO, due to gross violation and breach of terms of the WO. The WO contained the Arbitration Clause. The relevant extract of the Arbitration Clause … of the Work Order applicable to the present case is reproduced herein below for ready reference;-

“………………..”

21.           The process provided under Clause …. is now exhausted on account of respondents lack of cooperation and the said clause is being invoked by the petitioner by way of the notice dated 29.05.2023 and made request to the respondents to suggest and share 03 (three) independent names of the arbitrators, within a period of 15 days from receipt of said notice for adjudication of the dispute in terms of the WO.

22.           That it is pertinent to mention that on 29.05.2023 the petitioner served the notice of invocation of the arbitral clause under the WO dated 17.05.2022 to the Respondents. It is trite to mention that the respondents neither bothered to reply to the said arbitration notice despite the fact that the same was duly received to the respondents. Thus by such conduct of the Respondents, it is evident that the Respondents are not only in the breach of its contractual mandate but also disrespects the rule of law and the only objective of the respondents is to delay the present dispute between the parties.

23.           That the petitioner has been compelled to invoke the arbitration clause, which had been incorporated to combat such disputes arising between the parties for the resolving of disputes and settlements of such matters between the parties relating to the agreement as narrated above.Without Prejudice, the Petitioner is in the process of assessing and quantifying the actual damage/loss suffered and therefore seeks liberty to quantify and assess and file the same before the Arbitral tribunal as and when appointed; however, a preliminary estimate of the damages/loss suffered by the Petitioner has been narrated above.

24.           That the Petitioner has not filed any such or similar petition either in this Hon’ble High Court or in the Hon’ble Supreme Court of India and no such petition is pending between the parties or any such petition has been filed or has been decided by any competent court of law.  This is the first petition under Section 11 of the Arbitration and Conciliation Act, 1996 before this Hon’ble Court.

25.           That the parties to the petition are operating and residing at Delhi and the subject property is situated at New Delhi therefore, this Hon’ble Court has territorial and pecuniary jurisdiction to entertain and maintain the present petition.

26.           That the documents of the petition are the true copy of their originals.

27.           Valuation of the subject matter:

Approximately Rs….. Lakhs (Rupees ………. Lakhs) with interest 18% from its due date till date of realization of the payment.

P R A Y E R :-

In view of the submissions made above, it is respectfully prayed that this Hon’ble Court may be pleased to: -

a)       Appoint an Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate and decide the disputes between the parties;

b)       Costs of the petition may also grant in favor of the Petitioner and against the Respondents;

c)       Such other and further order which this Hon’ble Court may deem fit and proper in the circumstances of the case be also passed.

It is prayed accordingly.

                                                                      PETITIONER

DELHI                                      THROUGH

DATED:                                  

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO. ____ OF 20**.

IN

ARBITRATION PETITION NO. _____ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

APPLICATION UNDER SECTION 151 OF C.P.C. ON BEHALF OF THE PETITIONER FOR GRANT OF EXEMPTION FROM FILING THE ORIGINAL DOCUMENTS.

MOST RESPECTFULLY SHOWETH :-

1.       That the applicant has filed a petition against the respondents and the same is pending for disposal this Hon’ble Court.

2.       That along with the petition, the applicant is filing the original documents, to the extent available to his, which are in power and possession of the applicant.

3.       That the applicant is able to file only copies of certain original documents, as the originals are not readily available to the petitioner right now. And as such, it is expedient and necessary to grant exemption to the applicant from filing the original of these documents.

PRAYER:-

It is therefore, respectfully prayed that the applicant may please be exempted from filing the original of the aforesaid documents in the interest of justice with any other or further order in favor of the applicant as this Hon’ble Court may deem fit and proper under the circumstances of the case.

Grant any such orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

It is prayed accordingly.

                                                                                PETITIONER

DELHI                  THROUGH

DATED:

XXXXX (Advocate)

Counsel for Petitioner

Off.: XXXXX

XXXXX

Mob. No.+91XXXXX

Email: XXXXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. _____ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. ……………. about ___ years, Director / AR of XXXXX Contracts Pvt. Ltd. having its registered office at XXXXX, do hereby solemnly affirm and declare as under:-

1.       That I am the AR / Director of the petitioner company in the present case and as such I am well conversant with the facts of the present case, and therefore, am competent to depose this affidavit.

2.       That the submissions as to facts made in the accompanying Petition under Section 11(6) of the Arbitration and Conciliation Act 1996 r/w Section 151 of Civil Procedure of Code have been drafted by my counsel are true and correct to my knowledge, while the legal submissions made therein are based on legal advice received and believed to be true.

3.       That the annexures annexed to the accompanying petition are true to their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of November, 2023 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO. ____ OF 2023.

IN

ARBITRATION PETITION NO. _____ OF 20**.

IN THE MATTER OF: -

XXXXX                                                                  : PETITIONER

VERSUS

XXXXX                                                                  : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. ……………. about ___ years, Director / AR of M/s. Akansha Contracts Pvt. Ltd. having its registered office at XXXXX, do hereby solemnly affirm and declare as under:-

1.       That I am the AR / Director of petitioner company in the present case and as such I am well conversant with the facts of the present case, and therefore, am competent to depose this affidavit.

2.       That the submissions as to facts made in the accompanying application under Section 151 of the Code of Civil Procedure seeking exemption from filling certified copies are based on legal advice received and believed to be true.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of November, 2023 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT