Vedanta Limited vs Shreeji Shipping on 27 March, 2023

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Delhi High Court - Orders

Vedanta Limited vs Shreeji Shipping on 27 March, 2023

Bench: Yashwant Varma

                    $~29
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +     ARB.P. 342/2023
                          VEDANTA LIMITED                              ..... Petitioner
                                       Through:            Ms. Sonam Gupta, Mr. Kaushik
                                                           Moitra, Mr. Anurag Tandon
                                                           and Mr. Shiva Parde, Advs.

                                              versus

                          SHREEJI SHIPPING                              ..... Respondent
                                         Through:          None.

                          CORAM:
                          HON'BLE MR. JUSTICE YASHWANT VARMA
                                              ORDER

% 27.03.2023 I.A. 5856/2023 (Ex. Filing Original Certified Copies) Allowed, subject to all just exceptions. Application shall stand disposed of.

ARB.P. 342/2023

1. Notice. Although the respondent is stated to have been placed on advance notice, none has appeared on its behalf when the matter was called. Consequently, let learned counsel for the petitioner take steps for service on the respondent through all permissible modes including via approved courier service. The respondent shall file a reply on the present petition within a period of two weeks from today.

2. From the response which has been tendered by the respondent to the Section 21 notice under the Arbitration and Conciliation Act, 1996, the Court notes that in para 22 thereof, it is asserted that there exists no arbitration clause. However, learned counsel for the petitioner draws the attention of the Court to Clause 10 of the Purchase Order to contend to the contrary.

3. The Court also bears in mind the sub clause falling within Signature Not Verified Digitally Signed By:NEHA Signing Date:28.03.2023 18:50:39 Clause 10.1 which deals with the seat of arbitration and reads thus:-

"10. ARBITRATION 10.1 Any dispute or difference whatsoever arising between the parties out of or relating to the interpretation, meaning, scope, operation or effect of this Agreement or the existence, validity, breach or anticipated breach thereof or determination and enforcement of respective rights, obligations and liabilities of the parties thereto shall be amicably settled by way of mediation. If the dispute is not conclusively settled within a period of twenty-one (21) days from the date of commencement of mediation or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the (Indian) Arbitration and Conciliation Act, 1996 (as amended from time to time), which are deemed to be incorporated by reference into this clause. The arbitration shall be conducted as follows:

(i) A sole arbitrator shall be appointed in case the value of claim under dispute is less than 5,000,000 (Rupees Five Million Only) / $ 100,000 (Hundred Thousand United States Dollars) and in any other event by a forum of three arbitrators with one arbitrator nominated by each Party and the presiding arbitrator selected by the nominated arbitrators.

(ii) The language of the mediation and arbitration proceedings shall be English. The seat of arbitration shall be [Local Jurisdiction in Goa / Local Jurisdiction Karnataka /De1hi], India.

(iii) The award made in pursuance thereof shall be final and binding on the parties"

4. Let the matter be called again on 16.05.2023.

YASHWANT VARMA, J.

MARCH 27, 2023 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:28.03.2023 18:50:39

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Delhi High Court - Orders