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Goyal Mg Gases Pvt Ltd vs Panama Infrastructure Developers Pvt ... on 23 February, 2022

Author: Vipin Sanghi

Bench: Vipin Sanghi, Jasmeet Singh

                          $~5
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     FAO(OS) (COMM) 217/2019
                                GOYAL MG GASES PVT LTD                                ..... Appellant
                                                     Through:
                                                     versus

                                PANAMA INFRASTRUCTURE DEVELOPERS PVT LTD & ORS
                                                                         ..... Respondents
                                              Through: Mr. Ajay K Jain, Mr. Pulkit Agarwal,
                                                       Advs.
                                CORAM:
                                HON'BLE MR. JUSTICE VIPIN SANGHI
                                HON'BLE MR. JUSTICE JASMEET SINGH
                                        ORDER

                          %             23.02.2022

                                List on 05.09.2022.

                          CM APPL. 40390/2019

The matter was mentioned on behalf of Counsel for the appellant. We had declined the said mentioning for adjournment and informed the Counsel that the matter shall be taken up in its turn, since stay of arbitral proceedings is operating, in terms of the order passed by this Court on 03.03.2020. When the matter is called out, none appears for the appellant. The present appeal is directed against the order passed by the learned Single Judge, dated 05.07.2019, dismissing the petition preferred by the appellant u/s 34 of Arbitration and Conciliation Act, whereby the appellant sought to assail the order dated 14.05.2019 passed by the Arbitral Tribunal, rejecting the appellant's application for impleading some parties to the arbitral proceedings.

When the present appeal was listed befor this Court initially on 11.09.2019, no interim relief was granted by the Court and merely notice was issued to the respondent returnable on 03.03.2020. On 03.03.2020, the Court passed the following order:

"ORDER 03.03.2020

1. There is hardly any time left for taking up the appeal for arguments today. There is an aspect of maintainability of the appeal too, which learned counsel for the appellant shall have to address first.

2. As we are informed that the arbitration proceedings are listed on 24.03.2020, the learned Arbitrator is requested to defer the proceedings for a date after the next date fixed in this appeal.

3. List on 17.08.2020 in the category of 'After Notice Miscellaneous Matters.'"

The perusal of the said order shows that the Court did not record or indicate any reasons as to why the arbitral proceedings were deferred till after the next date of hearing fixed in the appeal i.e., 17.08.2020.

There is no reason why the arbitral proceedings should be held up merely because the appellant/claimant is desirous of impleading others who are not the parties to arbitration agreement.

We, therefore, clarify that there is no stay against the arbitral proceedings before the tribunal which may proceed.

VIPIN SANGHI, J JASMEET SINGH, J FEBRUARY 23, 2022/dm Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:28.02.2022 15:21:12