Madan B Lokur appointed as arbitrator in DTTDC tender dispute
The disagreement was on the non-payment of arrears claimed by the petitioner
The former Supreme Court judge Justice Madan B. Lokur has been appointed the arbitrator in a dispute over a contract between Delhi Tourism and Transportation Development Corporation Ltd (DTTDC) and a partnership firm KBG Engineers.
The dispute arose between KBG, the petitioner, and DTTDC, the respondent, regarding five different tenders for the construction and renovation work related to various projects for which the former provided project management consultancy services.
A recent order passed by Justice Anup Jairam Bhambhani stated that since the parties in the matter were the same as the prayers made, the matters were being considered and decided by way of the common order.
The petitioner submitted that though the dispute resolution clause did not specify any particular territorial jurisdiction as regards the arbitration or for the contract, the tender was awarded in Delhi. Also, the work under the tender was performed in Delhi, as both the petitioner and the respondent were based in Delhi.
It submitted, that the Delhi High Court had the territorial jurisdiction to entertain and decide the present petitions.
The court also issued a notice in the matter and DTTDC’s Counsel Abhimanyu Garg, who accepted the notice, sought time to file the reply.
However, the court noted, “On being queried as to what objection the respondent may have to the appointment of an arbitrator, this court is of the view that no purpose will be served by seeking a formal written reply from the respondent.”