Delhi High Court - Orders
Alstom Systems India Private Limited vs Dedicated Freight Corridor ... on 4 January, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~11 to 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 141/2022
ALSTOM SYSTEMS INDIA PRIVATE LIMITED
..... Petitioner
Through: Mr. Parag Tripathi, Sr. Adv.
with Mr. Dinesh Pardasani, Mr.
Aishwarya Kumar, Mr. Bibin
Kurian, Ms. Shania Elias, Ms.
Arushi, Advs.
Versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF
INDIA LIMITED ..... Respondent
Through: Mr. Udit Seth, Ms. Priya
Kanwat, Mr. Raghuwendra
Singh, Ms. Anuradha Tiwari,
Advs.
$~12
+ ARB.P. 1316/2022, I.A. 19280/2022
ALSTOM SYSTEMS INDIA PRIVATE LIMITED
..... Petitioner
Through: Mr. Parag Tripathi, Sr. Adv.
with Mr. Dinesh Pardasani, Mr.
Aishwarya Kumar, Mr. Bibin
Kurian, Ms. Shania Elias, Ms.
Arushi, Advs.
Versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF
INDIA LIMITED ..... Respondent
Through: Mr. Udit Seth, Ms. Priya
Kanwat, Mr. Raghuwendra
Singh, Ms. Anuradha Tiwari,
Advs.
$~13
+ ARB.P. 1318/2022, I.A. 19293/2022
ALSTOM SYSTEMS INDIA PRIVATE LIMITED
..... Petitioner
Through: Mr. Parag Tripathi, Sr. Adv.
with Mr. Dinesh Pardasani, Mr.
Aishwarya Kumar, Mr. Bibin
Kurian, Ms. Shania Elias, Ms.
Signature Not Verified
Arushi, Advs.
Digitally Signed
By:NEHA
Signing Date:05.01.2023
18:12:20
Versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF
INDIA LIMITED ..... Respondent
Through: Mr. Udit Seth, Ms. Priya
Kanwat, Mr. Raghuwendra
Singh, Ms. Anuradha Tiwari,
Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 04.01.2023
1. These petitions have been preferred by the petitioners seeking to invoke the jurisdiction of the Court conferred by Section 11(6) of the Arbitration and Conciliation Act, 1996 ["the Act"]. The record would reflect that in respect of EOT-1 Cost-Claim, the petitioners had invoked arbitration on 31 December 2021 nominating Justice G.S. Sistani, a retired of this Court as its nominee.
2. The respondents had nominated one Mr. Deepak Krishan as their nominee with Justice Jayant Nath acting as the presiding arbitrator of the aforesaid Tribunal. The respondents are, thereafter, stated to have raised an issue with respect to its own nominee by moving an application referable to Sections 12 and 13 of the Act. During the pendency of the said application, the said nominee is stated to have resigned where after the respondents have nominated Mr. Naveen Chopra, a retired officer of the Indian Revenue Service [IRS] as its nominee.
3. The disputes relate to and arise out of the EOT-1 Cost-Claim which is raised. The Court on the earlier occasion had been informed that the disputes pertaining to the EOT-1 Time Period claims had already been referred to an Arbitral Tribunal. It was in the aforesaid backdrop that the Court had on the earlier occasion called upon the respondents to consider whether the disputes which form subject Signature Not Verified Digitally Signed By:NEHA Signing Date:05.01.2023 18:12:20 matter of the present petitions could also be referred to the same Tribunal. This since, according to the petitioners, the EOT-1 Cost- Claim is nothing but a continuation of the claims which form part of the dispute relating to the EOT-1 Time Period.
4. Mr. Seth, learned counsel appearing for the respondents, on instructions, apprises the Court that while they would have no objection to the present claims being also referred for the consideration of the Arbitral Tribunal which stands already constituted, in light of the various objections which are proposed to be raised, each of the claims may be treated as separate references. Mr. Tripathi learned senior counsel appearing for the petitioners submitted that they would have no objection to the petitions being consequently disposed of on the above terms.
5. Accordingly, the instant petitions shall stand allowed and disposed of with a direction that the claims which stand raised herein shall stand referred to the Arbitral Tribunal comprising of Justice G.S. Sistani, Mr. Naveen Chopra, a retired IRS Officer and presided over by Justice Jayant Nath. The disputes which form subject matter of the instant petitions shall be treated as separate references. However, the Court leaves it open to the Tribunal to consider whether it would be appropriate to consolidate all claims.
6. The parties are directed to appear before the learned arbitrators, as and when notified. This is subject to the learned arbitrators making the necessary disclosures under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.
7. The fees of the arbitrators shall be decided according to the Fourth Schedule of the Act.
YASHWANT VARMA, J.
JANUARY 4, 2023 Signature Not Verified neha Digitally Signed By:NEHA Signing Date:05.01.2023 18:12:20