M/s Jahreet Infra Private Limited vs. M/s Grovy India Limited and Anr.
Background
The petitioner alleged breaches by the respondent under a June 2022 construction agreement, including incomplete construction, use of sub-standard materials, and failure to hand over agreed facilities and documents. The petitioner invoked the agreement's arbitration clause after the dispute could not be resolved.
Decision Breakdown
The respondent raised no objection to the reference to arbitration, and the Court found the existence of a valid arbitration clause was undisputed. It therefore appointed a sole arbitrator to adjudicate the dispute, to proceed under the Delhi International Arbitration Centre's rules, leaving all substantive objections (including jurisdiction) to be argued before the arbitrator.
Lesson Learnt
Where a construction agreement contains a clear arbitration clause and neither side disputes it, the High Court's role in appointing an arbitrator is a quick, largely administrative step: the real contest over quality of construction and alleged breaches is left entirely to the arbitrator.