Delhi High Court - Orders
Telecommunications Consultants India ... vs Veekay Connectors Pvt.Ltd on 21 January, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~124
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 21/2025
TELECOMMUNICATIONS CONSULTANTS INDIA
LIMITED .....Appellant
Through: Mr. Amit Meharia & Mr.
Abinash Agarwal, Advs.
versus
VEEKAY CONNECTORS PVT.LTD. .....Respondent
Through: Mr. Jatinder Kumar Sethi &
Ms. Nikita Sethi, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 21.01.2025 CM APPL. 3817/2025 (Exemption)
1. Allowed, subject to all just exceptions.
FAO (COMM) 21/2025 & CM APPL. 3816/2025 (Stay)
2. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015, seeking setting aside of the Order dated 26.10.2024, passed by the learned District Judge (Commercial Court)-08, South East District, Saket Courts, New Delhi in OMP (COMM.) No.01/2022, titled M/s Telecommunications Consultants India Limited v. Veekay Connectors Pvt. Ltd.
3. The learned counsel for the respondent, who appears on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/02/2025 at 00:07:21 advance notice, submits that the appellant, pursuant to the power vested in it, had appointed an arbitrator, which was objected to by the respondent. The said arbitrator subsequently resigned, pursuant to which, the appellant again appointed another arbitrator. Even this appointment was also objected to, and the arbitrator again resigned. It was only on the third instance, when Sh. S.K. Verma, the learned sole arbitrator was appointed by the appellant, that considering his disclosure of association with the appellant, the respondent did not raise any objection to the appointment, as was recorded by the learned sole arbitrator in the Order dated 10.09.2015. He submits that, therefore, the present case would be covered by the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996, if at all it applies.
4. We find that the copy of the Order dated 10.09.2015 is not on record.
5. Let the counsel for the appellant place the same on record within a week from today.
6. List on 20th February, 2025 in the "Supplementary List".
7. We may also record that the learned counsel for the respondent pointed out that post the Impugned Order, the Award has been satisfied in the enforcement proceedings initiated by the respondent.
NAVIN CHAWLA, J SHALINDER KAUR, J JANUARY 21, 2025/ab/sk/DG Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/02/2025 at 00:07:21