Delhi High Court - Orders
Rms Power Solutions Private Limited vs Union Of India & Anr on 14 November, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~29-30 & 32-33.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1243/2022
RMS POWER SOLUTIONS PRIVATE LIMITED ..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
+ ARB.P. 1244/2022
RMS POWER SOLUTIONS PRIVATE LIMITED ..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
+ O.M.P.(I) 11/2022
RMS POWER SOLUTIONS PRIVATE LIMITED ..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
+ O.M.P.(I) 12/2022
RMS POWER SOLUTIONS PRIVATE LIMITED ..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
Appearances:
Mr. Kamlesh Ojha, Advocate [9667661011] for petitioners.
Ms. Aakansha Kaul, Sr. Panel Counsel, Mr. Jitendra Kumar Tripathi, GP,
Mr. Manek Singh, Mr. Aman Sahani, Ms. Simran Gill, Advocates for
Signature Not Verified
Digitally Signed
By:SHITU NAGPAL ARB.P. 1243/2022 & connected matters. Page 1 of 4
Signing Date:15.11.2022
14:58:40
respondents [9990952670].
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 14.11.2022 I.A. 18437/2022 IN ARB.P. 1243/2022 (for exemption) I.A. 18438/2022 IN ARB.P. 1244/2022 (for exemption) I.A. 18439/2022 IN O.M.P.(I) 11/2022 (for exemption) I.A. 18493/2022 IN O.M.P.(I) 12/2022 (for exemption) Exemptions allowed, subject to all just exceptions. The applications stand disposed of.
ARB.P. 1243/2022, ARB.P. 1244/2022, O.M.P.(I) 11/2022, O.M.P.(I) 12/2022
1. These four petitions arise out of two contracts and purchase orders issued by the Union of India upon the petitioner for supply of Signalling Cables. In ARB.P. 1243/2022 and O.M.P.(I) 11/2022, the contract is dated 21.12.2021 and in ARB.P. 1244/2022 and O.M.P.(I) 12/2022, the concerned contract is dated 21.02.2022.
2. Each of the contracts are subject to Indian Railway Standard Conditions of Contract, which contains an arbitration clause [Clause 2900]. The clause contemplates adjudication by a sole arbitrator to be appointed by the designated authority of the respondent.
3. ARB.P. 1243/2022 and ARB.P. 1244/2022 have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"] for appointment of an arbitrator and O.M.P.(I) 11/2022 and O.M.P.(I) 12/2022 have been filed under Section 9 of the Act for interim measures of protection in anticipation of arbitral proceedings.
Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. 1243/2022 & connected matters. Page 2 of 4 Signing Date:15.11.2022 14:58:404. Issue notice. Ms. Aakansha Kaul, learned counsel, accepts notice on behalf of the Union of India in all the petitions. The petitions are taken up for disposal with the consent of learned counsel for the parties.
5. It is submitted that in respect of three similar contracts between the same parties, this Court has disposed of petitions under Sections 9 and 11 of the Act by an order dated 27.09.2022 [ARB.P. 1109/2022 and connected matters]. The petitions were disposed of with the consent of learned counsel for the parties, referring the matter to arbitration and directing that the petitions under Section 9 of the Act be treated as applications under Section 17 of the Act before the learned arbitrator.
6. Learned counsel for the parties submit that the present petitions may also be disposed of by a similar order.
7. In view of the above submissions, and with the consent of learned counsel for the parties, these petitions are disposed of in the following terms: -
a. The disputes between the parties under the contracts and the purchase orders in question are referred to arbitration of Mr. Ayush Agarwala, Advocate [Tel:- 9999105064]. The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi-110503 ["DIAC"]. b. The Rules of the DIAC will govern the arbitrations, including as to the renumeration of the learned arbitrator.
c. It is made clear that, although a common arbitrator is appointed in both the cases, they will be treated as independent arbitrations and the parties will be entitled to raise independent claims and defences in each case.Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. 1243/2022 & connected matters. Page 3 of 4 Signing Date:15.11.2022 14:58:40
d. The petitions filed before this Court under Section 9 of the Act will be placed before the learned arbitrator as applications under Section 17 of the Act. The respondent may also place its reply before the learned arbitrator, upon the arbitrator entering reference, so that an expeditious adjudication of the applications under Section 17 of the Act is possible.
e. The learned arbitrator is requested to furnish a declaration in terms of Section 12 of the Act, prior to entering upon the references.
8. It is made clear that all the rights and contentions of the parties, including as to the maintainability of any of the claims and on merits, are left open.
9. The petitions stand disposed of in these terms.
PRATEEK JALAN, J NOVEMBER 14, 2022 'Bhupi'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. 1243/2022 & connected matters. Page 4 of 4 Signing Date:15.11.2022 14:58:40