w w w . L a w y e r S e r v i c e s . i n



Indsao Contracts Pvt.Ltd v/s Manu Creations Pvt.Limited


Company & Directors' Information:- I D CREATIONS PRIVATE LIMITED [Active] CIN = U70101HR2005PTC035917

Company & Directors' Information:- P. D. CREATIONS PRIVATE LIMITED [Active] CIN = U51900DL2008PTC176988

Company & Directors' Information:- V S S CREATIONS PRIVATE LIMITED [Active] CIN = U51909WB2013PTC190291

Company & Directors' Information:- S K CONTRACTS PRIVATE LIMITED [Active] CIN = U45400DL1986PTC025351

Company & Directors' Information:- P C CREATIONS PRIVATE LIMITED [Active] CIN = U18101DL2006PTC149126

Company & Directors' Information:- S M K CREATIONS PRIVATE LIMITED [Active] CIN = U36996BR2013PTC020411

Company & Directors' Information:- S R CREATIONS PRIVATE LIMITED [Active] CIN = U18101UP2002PTC026676

Company & Directors' Information:- S. S. E. CONTRACTS PRIVATE LIMITED [Active] CIN = U74900WB2013PTC192042

Company & Directors' Information:- B B CREATIONS PRIVATE LIMITED [Active] CIN = U74120DL2008PTC173428

Company & Directors' Information:- L T CREATIONS PRIVATE LIMITED [Active] CIN = U51909WB2003PTC096441

Company & Directors' Information:- L T CREATIONS PRIVATE LIMITED [Active] CIN = U51909DL2003PTC321719

Company & Directors' Information:- R H CREATIONS PRIVATE LIMITED [Under Liquidation] CIN = U17111GJ2004PTC043813

Company & Directors' Information:- D R CREATIONS PRIVATE LIMITED [Active] CIN = U18107DL2002PTC118206

Company & Directors' Information:- C C CREATIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC125616

Company & Directors' Information:- G & S CREATIONS PRIVATE LIMITED [Active] CIN = U74994TN1999PTC055588

Company & Directors' Information:- G AND S CREATIONS PRIVATE LIMITED [Strike Off] CIN = U51311KA1999PTC025417

Company & Directors' Information:- S S CREATIONS PVT LTD [Active] CIN = U17299WB2006PTC109199

Company & Directors' Information:- I M CREATIONS PVT LTD [Active] CIN = U18101DL2005PTC142362

Company & Directors' Information:- A N A CREATIONS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018179

Company & Directors' Information:- M K CREATIONS PRIVATE LIMITED [Active] CIN = U17111GJ2001PTC040095

Company & Directors' Information:- A B CONTRACTS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC105814

Company & Directors' Information:- K. C CREATIONS PRIVATE LIMITED [Active] CIN = U17120GJ2008PTC055636

Company & Directors' Information:- D AND A CREATIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2005PTC136418

Company & Directors' Information:- A S CREATIONS PRIVATE LIMITED [Active] CIN = U74994DL2000PTC108784

Company & Directors' Information:- J P CREATIONS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC160981

Company & Directors' Information:- A D CREATIONS PRIVATE LIMITED [Active] CIN = U19116WB2011PTC160791

Company & Directors' Information:- A E CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18109KA2010PTC054399

Company & Directors' Information:- M T CREATIONS PRIVATE LIMITED [Active] CIN = U18104GJ2012PTC070635

Company & Directors' Information:- H J CREATIONS PRIVATE LIMITED [Converted to LLP] CIN = U17120GJ2010PTC060372

Company & Directors' Information:- V K CREATIONS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC045449

Company & Directors' Information:- S J CREATIONS PRIVATE LIMITED [Active] CIN = U17299WB2004PTC098752

Company & Directors' Information:- R P S CREATIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC129004

Company & Directors' Information:- B. M. CREATIONS PRIVATE LIMITED [Active] CIN = U51494DL2008PTC183283

Company & Directors' Information:- N. C. CREATIONS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC210072

Company & Directors' Information:- S. B. CREATIONS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC210080

Company & Directors' Information:- M D R CREATIONS PRIVATE LIMITED [Active] CIN = U51101UP2015PTC074305

Company & Directors' Information:- N H CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18101TN2006PTC060097

Company & Directors' Information:- T. K. CREATIONS PRIVATE LIMITED [Active] CIN = U74999MP2019PTC047492

Company & Directors' Information:- H AND U CREATIONS PRIVATE LIMITED [Strike Off] CIN = U74300MH1999PTC122834

Company & Directors' Information:- B R CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18101MP2007PTC019311

Company & Directors' Information:- R S CONTRACTS PRIVATE LIMITED [Strike Off] CIN = U45202WB1997PTC084794

Company & Directors' Information:- MANU PRIVATE LIMITED [Strike Off] CIN = U63022WB1982PTC034539

Company & Directors' Information:- M & S CREATIONS PRIVATE LIMITED [Active] CIN = U17299DL2007PTC159010

Company & Directors' Information:- A. K. CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18204DL2010PTC198888

Company & Directors' Information:- A P J CREATIONS PRIVATE LIMITED [Converted to LLP] CIN = U18101DL2005PTC142802

Company & Directors' Information:- C. G. CREATIONS PRIVATE LIMITED [Strike Off] CIN = U27205MH2006PTC165627

Company & Directors' Information:- J M CREATIONS PRIVATE LIMITED [Active] CIN = U51311DL2004PTC130457

Company & Directors' Information:- N AND B CREATIONS PRIVATE LIMITED [Strike Off] CIN = U51310CH2004PTC027567

Company & Directors' Information:- J D CONTRACTS PRIVATE LIMITED [Active] CIN = U45400DL2011PTC214287

Company & Directors' Information:- V R CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18101HR2004PTC035348

Company & Directors' Information:- INDSAO CONTRACTS PRIVATE LIMITED [Active] CIN = U45201DL2001PTC109996

Company & Directors' Information:- P. K. CREATIONS PRIVATE LIMITED [Active] CIN = U74994DL2007PTC164116

Company & Directors' Information:- G R CREATIONS PRIVATE LIMITED [Active] CIN = U17120MH2004PTC148675

Company & Directors' Information:- A. P CREATIONS PRIVATE LIMITED [Active] CIN = U36912MH2012PTC239017

Company & Directors' Information:- I P CREATIONS PRIVATE LIMITED [Strike Off] CIN = U72200TN2009PTC071958

Company & Directors' Information:- P. R. CREATIONS PRIVATE LIMITED [Strike Off] CIN = U45200CH2004PTC026972

Company & Directors' Information:- H & M CREATIONS PRIVATE LIMITED [Strike Off] CIN = U52605DL2007PTC168286

Company & Directors' Information:- O B CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18104DL1998PTC093122

Company & Directors' Information:- M G CREATIONS PRIVATE LIMITED [Converted to LLP] CIN = U18109DL2007PTC160027

Company & Directors' Information:- B & A CREATIONS PRIVATE LIMITED [Active] CIN = U18109DL2008PTC177167

Company & Directors' Information:- D C CREATIONS PRIVATE LIMITED [Active] CIN = U18109DL2009PTC193475

Company & Directors' Information:- J & K CREATIONS PRIVATE LIMITED [Active] CIN = U18109DL2009PTC195310

Company & Directors' Information:- M V CREATIONS PRIVATE LIMITED [Active] CIN = U18109DL2010PTC202373

Company & Directors' Information:- V D CREATIONS PRIVATE LIMITED [Active] CIN = U20296DL2008PTC172329

Company & Directors' Information:- R A CREATIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC163350

Company & Directors' Information:- D H CONTRACTS PRIVATE LIMITED [Active] CIN = U45400DL2010PTC198200

Company & Directors' Information:- N V CREATIONS PRIVATE LIMITED [Strike Off] CIN = U74140DL2015PTC286573

Company & Directors' Information:- A V S CREATIONS PRIVATE LIMITED [Active] CIN = U17124DL2012PTC235970

Company & Directors' Information:- G R CREATIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC128074

Company & Directors' Information:- M B CREATIONS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC139559

Company & Directors' Information:- J T CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2006PTC147202

Company & Directors' Information:- F A CREATIONS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149016

Company & Directors' Information:- V S CREATIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC252510

Company & Directors' Information:- H & V CREATIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74994DL2011PTC220174

Company & Directors' Information:- N J CONTRACTS PRIVATE LIMITED [Strike Off] CIN = U74210HR2011PTC042559

Company & Directors' Information:- K M CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18101GJ2002PTC041289

Company & Directors' Information:- Z CREATIONS PRIVATE LIMITED [Active] CIN = U51909MH2020PTC348753

Company & Directors' Information:- J P S CONTRACTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2000PTC107170

Company & Directors' Information:- A TO Z CREATIONS PRIVATE LIMITED [Strike Off] CIN = U18109DL2007PTC160196

    ARBP Appeal No. 166 of 2004

    Decided On, 05 November 2004

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE MUKULMUDGAL

    For the Appearing Parties: Anil Kaushik, Advocate.



Judgment Text

MUKUL MUDGAL, J


(1) THIS is an application under Section 11 (3)read with Section 11 (6) of the Arbitration and conciliation Act, 1996 for appointment of an arbitrator. The process server report dated 23rd October, 2004 shows that there is refusal to receive the service by the respondent. Accordingly, the service is deemed to be complete. There is no appearance for the respondent. Learned counsel for the petitioner averred in this application that clause 20 of the agreement between the parties provided for settlement of disputes by way of arbitration, which reads as follows:


"20. Arbitration. A. In the event of any dispute or difference of any kind whatsoever, arising out of the contract or the execution of the works, the same shall be referred to the award of two arbitrators, one a to be appointed by the owners and the other by the contractor. The arbitrators shall appoint an umpire in the event of a deadlock. The decision of the arbitrators or in the event of their not reaching an agreement, the decision of the umpire shall be final. The arbitration proceedings shall be governed by the provisions of law of the India Arbitration' act, 1940, or any other re-enactment or statutory modifications thereof for the time being enforced, the venue of the arbitration shall be Delhi. The work must continue during the arbitration proceedings. "


(2) ON 9th February, 2004, a requisition for appointment of Arbitrator was made as per the said agreement and has not been responded to upto date. Accordingly, the petitioner is entitled to succeed in view of the following position of law laid down in Datar switchgears Ltd. Vs Tata Finance Ltd. and another reported as JT 2000 (Suppl. 2) SC 226 wherein the relevant para 19 reads as follows:-


"19. So far as cases falling under Section 11 (6) are concerned-such as the one before us-no time limit has been prescribed under the Act, whereas a period of 30 days has been prescribed under Section 11 (4) and Section 11 (5)of the Act. In our view, therefore, so far as Section 11 (6) is concerned, if one party demands the opposite party to appoint an Arbitrator and the opposite party does not make an appointment within 30 days of the. demand, the right to appointment does not get automatically forfeited after expiry of 30 days. If the opposite party makes an appointment even after 30 days of the demand, but before the first party has moved the Court under section 11, that would be sufficient. In other words, in cases arising under section 11 (6), if the opposite party has not made an appointment within 30 days of demand, the right to make appointment is not forfeited but continues, but an appointment has to be made before the former files application under Section 11 seeking appointment of an Arbitrator. Only then the right of the opposite party ceases. We do not, therefore, agree with the observation in the above judgments that if the appointment is not made within 30 days of demand, the right to appoint an Arbitrator under section 11 (6) is forfeited. "


(3) EVEN though the arbitration clause in the agreement provides for two Arbitrators and a possible umpire, learned counsel for the petitioner requested that a sole Arbitrator be appointed. Accordingly, Mr. H. K. Yadav, former Executive Director, HUDCO, 1/11 kalkaji Extn. , New Delhi (Mobile No. 9810016963) is appointed as an Arbitrator. The parties t

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o appear before the Arbitrator so appointed on 16th December, 2004 at 4. 30 pm on which day the statement of claim will be filed by the parties. The Arbitrator is directed to dispose of the reference not later than 6 months from the first date of hearing. The arbitrator shall fix his fee after consulting the parties. (4) THE petition stands disposed of accordingly.
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