BEFORE LD. SOLE ARBITRATOR;

DELHI INTERNATIONAL ARBITRATION CENTER,

DELHI HIGH COURT AT NEW DELHI.

ARBITRATION CASE NO. ____ of 2024.

IN THE MATTER OF:-

XXXXXXXXXXXXXXXXXXXXXXX                        : CLAIMANT

VERSUS

XXXXXXXXXXXXXXXXXXXXXXX              : RESPONDENTS

INDEX

DELHI                                                                          CLAIMANT

THROUGH

DATED

x (Advocate)

Counsel for Claimant

Off.: xxxxxxxxxxxx,

New Delhi-110019.

Mob. No.xxxxxxxxxxxxxxxx

Email: xxxxxxxxxxxxxxxxx

BEFORE LD. SOLE ARBITRATOR;

DELHI INTERNATIONAL ARBITRATION CENTER,

DELHI HIGH COURT AT NEW DELHI.

ARBITRATION CASE NO. ____ of 2024.

IN THE MATTER OF:-

xxxxxxxxxxxxxxxxxx                       : CLAIMANT

VERSUS

1.xxxxxxxxxxxxxxxxxxx

2. xxxxxxxxxxxxxxx

3. xxxxxxxxxxx

All at xxxxxxxxxxx,

New Delhi-110045.                                               : RESPONDENTS

STATEMENT OF CLAIM ON BEHALF OF THE CLAIMANT.

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. That 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, xxxxxxxxx. i.e. Respondent No. 1 is a Limited Liability Partnership (LLP) is based out of Delhi and was officially incorporated on xxxxxx. That Mr. xxxxxxxxx, Respondent No. 2 and Mr. xxxxxxxxxxxxxxxx, 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 Claimant and Respondents, the Respondents were pleased to issue the Work Order dated xxxxxxx (hereinafter referred to as "WO"), thereby, issuing the project at xxxx xxx, New Delhi for the construction of a warehouse building with materials (excluding concrete and steel) for die site situated at xxxxxx, xxxxx, Delhi in favour of the Claimant as per the terms and conditions as mentioned and agreed upon therein. It is pertinent to mention that the respondents have since inception created hurdles in the execution of the project which have further led to 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 Claimant and Respondents.

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

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

7.                 Even though the WO was prepared by mutual consent in the month of xxxxxxxx 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 Claimant until end of xxxxxx

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 xxxxxxx, however, to the Claimant's complete shock and dismay, an illegal termination letter was served upon the Claimant on xxxxx. That the said termination letter dated xxxxxx is completely flawed as the same has been issued without any reasonable grounds for such termination. The Claimant has issued a detailed reply to their termination letter on xxxxxx, to which the Respondents have neither paid any heed 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 NHAI work right outside the project site because of which the Claimant 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 NHAI. 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 Claimant 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 Claimant 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 Claimant.

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 xxxxx, i.e. 17 days prior to issuing the termination letter dated xxxxxxxxxx, showcasing and portraying the malafide, irresponsible intention and behaviour of the Respondents, to cause grave loss to the Claimant.

14.             That if the aforesaid delays, i.e., the NGT 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 Claimant 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 xxxxxxx. 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 Claimant.

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

16.             That even after the Respondents have illegally terminated the WO which has caused grave financial loss to the Claimant, the Claimant'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 Claimant'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 Claimant on amicable terms and further shows their ill intentions to cheat the Claimant and cause further financial hardships/ losses to the Claimant.

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

19.             That the Claimant 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 Claimant which is causing grave financial loss to the Claimant.

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

‘’If the dispute cannot be resolved pursuant to Clause A above within 10 calendar days of the commencement of negotiations , the dispute shall be referred to and finally resolved by arbitration administered under the Arbitration and Conciliation Act,1996, as amended (the Arbitration Act), by a sole, Arbitrator. M/s xxxxxxxx LLP shall suggest 3 independent and distinguished persons out of which the agency shall choose one person to act as the sole arbitrator. The seat of the Arbitration shall be in New Delhi, India. The proceedings of the Arbitration shall be in English Language. The Arbitrator(s) shall also decide on the costs of the arbitration proceedings. The arbitration award shall be final and binding on the parties subject to applicable law in force and the award shall be enforceable in any court of competent jurisdiction in India. During the pendency  of the arbitration proceedings , the parties shall continue to perform such of their obligations that are not the subject matter of the Dispute under this Agreement.’’

21.             The process provided under Clause A of the Work order is now exhausted on account of respondents lack of cooperation and the said clause is being invoked by the Claimant by way of the notice dated xxxxxxx 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 xxxxxxx the Claimant served the notice of invocation of the arbitral clause under the WO dated xxxxxx to the Respondents. It is trite to mention that the respondents replied vided reply dated xxxxxx suggesting three names of Arbitrators, however vide response to the said reply, the Claimant responded in rejoinder vide notice dated xxxxx not agreeing to the said names suggested by 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 Claimant and Respondents.

23.             That the Claimant 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 or settlements of such matters between the parties relating to the agreement as narrated above.

24.             That in light of the aforesaid, the Claimant  herein was constrained to approach the Hon’ble Delhi High Court and file Arbitration Petition bearing no………. of 2023 under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of sole arbitrator under the aegis of Delhi International Arbitration Center. Accordingly the Hon’ble High Court vide order dated ……2023 was pleased to refer the disputes under the ageism of DIAC and constituted the present arbitration tribunal.

25.             The Claimant craves leave of this Hon’ble Tribunal to rely upon various documents in support of the Statement of Claim, which are being filed herewith. By way of abundant caution and in the interest of justice, the Claimant craves leave of this Hon’ble Tribunal to place any other/further documents, which the Claimant may discover subsequently and finds the same to be of relevance and worthy of assisting this Hon’ble Tribunal in arriving at a just decision.

In light of the above, it is humbly prayed as follows:

PRAYER:-

In view of the above, the Claimant humbly prays that this Hon’ble Tribunal may be pleased to Award the following in favor of the Claimants:-

i)                   Pass an award in favour of the Claimant and direct the respondents to make the payment of Rs. xxxxx/- (xxxxxx only) with interest 18% from its due date till date of realization of the payment.;

ii)                Pass an award in favour of the Claimant and direct the Respondents to pay other charges incurred by the Claimant because of the mis-representations and false assurances made by the respondents.

iii)             Direct the Respondents to pay all legal costs incurred by the Claimant in pursuing/defending legal proceedings before the Courts in Delhi and the present arbitration proceedings along with interest at the rate of 18% p.a.;

iv)              Direct the Respondent to pay pendent lite interest at 18% to the Claimant on all sums found due and payable from May, 2022 till the date of conclusion of the present Arbitration proceedings.

v)                Award any other and further reliefs as this Hon’ble Tribunal may deem just and proper in the facts and circumstances of the case.

vi)              To pass any further order(s) or direction(s) as this Hon’ble tribunal may deem fit, proper and necessary in the facts and circumstances of the present case and in the interest of justice.

DELHI                                                                          CLAIMANT

THROUGH

DATED

 (Advocate)

Counsel for Claimant

BEFORE LD. SOLE ARBITRATOR;

DELHI INTERNATIONAL ARBITRATION CENTER,

DELHI HIGH COURT AT NEW DELHI.

ARBITRATION CASE NO. ____ of 2024.

IN THE MATTER OF:-

XXXXXXXXXXXXXXXXXXXXXXX     : CLAIMANT

VERSUS

XXXXXXXXXXXXXXXXXXXXXXX              : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. xxxxx aged about ___ years, Director / AR of M/s. xxxxxx. having its registered office at xxxxxxxxxxxxx, New Delhi-110016, do hereby solemnly affirm and declare as under:-

1.       That I am the AR / Director of the Claimant 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 statement of Claim under Rule-15 of the DIAC (arbitration proceedings) Rules, 2018 has been drafted by my counsel and the averments contained therein 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 Statement of Claim are true to their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of February, 2024 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