Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Intech Brinechem Limited vs De Dietrich Process Systems India Pvt. ... on 13 December, 2022

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                 $~16
                 *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +    ARB.P. 1410/2022

                          INTECH BRINECHEM LIMITED               ..... Petitioner
                                       Through: Mr.Vikas Tomar and Mr.Anubhav
                                                Singh, Advocates

                                             versus

                          DE DIETRICH PROCESS SYSTEMS INDIA PVT. LTD.
                                                                  ..... Respondent
                                        Through: Nemo

                       CORAM:
                       HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                         ORDER

% 13.12.2022 I.A. No. 21083/2022 (for Exemption) Subject to the petitioner filing the clear, original and legible/typed copies of any dim documents on which the petitioner may seek to place reliance, within four weeks from today, exemption is granted for the present.

The application stands disposed of.

1. The petitioner vide the present petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 makes the following prayers:

a) Pass appropriate orders to appoint an Arbitrator to adjudicate the disputes between the petitioner and the Respondent.

b) pass any such order or orders as this Hon'ble Court may deem fit proper in the interest of justice, equity and fair play."

2. Learned counsel appearing for the petitioner, i.e., M/s Intech Brinechem Limited is a company incorporated under the provisions of the Companies Act, 1956 having its registered office at Plot No.27, Sector-34, Gurugram-122004 and the respondent, i.e., M/s DE Dietrich Process Systems India Pvt. Ltd. is a company duly incorporated under the provisions of the Companies Act, 1956 having its registered office at AWFIS, Inspire BKC, Unit No.4, 3rd Floor, Main Road, G Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.

3. Learned counsel for the petitioner submits that the respondent is a company engaged in the business of detailed engineering and manufacturing and supply of plants related equipments and the petitioner company is in the process of setting up a green field plant of Bromine Extraction at Kutch, Gujarat (India). Learned counsel appearing for the petitioner further submits that the respondent company approached the petitioner company for providing the services of detailed engineering and also the plant and machinery as required by the petitioner company and thus the petitioner paid a sum of Rs.5,30,00,000/- (Rs. Five Crores and thirty lacs only) as advance to the respondent in three parts i.e. Rs. 1,00,00,000/- paid on 26th February, 2022, Rs. 2,00,00,000/- paid on 22nd June, 2022 and Rs.2,30,00,000/- paid on 16th August, 2022 through Bank transfer against which the respondent through its parent company and from M/s Societe Generale, provided a Bank Guarantee from Paris, France.

4. The learned counsel appearing for the petitioner further submits that after receipt of the said amount in advance, the respondent since beginning failed to fulfill its obligations under the Agreement/contract dated 3 rd May, 2022, annexed as Document No.1 to the petition.

5. The learned counsel appearing for the petitioner further submits that the respondent company was not able to do the work as per the requirement under the contract/agreement to which the officers of the petitioner company made several communication requesting the respondent company to fulfil its obligation as per the agreement and carry out the work properly. However, the dilly-delaying approach of the respondent delayed the project of the petitioner due to which the petitioner company suffered huge losses but despite various correspondences exchanged between the parties, the respondent company failed to discharge its obligations as per the agreement/contract and thereafter the respondent vide a detailed e-mail dated 16th September, 2022 sent to the petitioner company denied all the allegations which e mail was duly replied by the petitioner company vide e- mail dated 21st September, 2022.

6. The learned counsel appearing for the petitioner further submits that since the respondent has not been able to discharge its obligations, the petitioner company suffered huge losses and left with no other alternative, the petitioner company sent an undated notice under Section 21 of the Arbitration & Conciliation Act, 1996 to the respondent company invoking Clause 13 of the Agreement to settle the disputes by the appointment of an Arbitrator, which was duly replied to by the respondent company vide letter dated 14th November, 2022 denying the entire dispute and contending that there were no disputes between the parties for the purpose of invoking Clause 13 of the Agreement. It was further requested by the respondent company vide the said letter that if there was any dispute between the parties, the same would be settled amicably.

7. The learned counsel appearing for the petitioner submitted that the Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:14.12.2022 19:19:13 respondent company, on the one hand, vide letter dated 14th November, 2022 contended that the disputes between the parties would be settled amicably and on the other hand, the respondent company filed a suit in the Commercial Courts, Paris.

8. In view of the above facts and circumstances, the learned counsel appearing for the petitioner submits that the disputes between the parties can be resolved by invoking the Clause 13 of the agreement.

9. Heard the learned counsel appearing for the and perused the record, i.e., the agreement and other documents as well as the notice under Section 21 of the Arbitration & Conciliation Act, the replies of the respondent company.

10. In view of the above facts and circumstances, issue notice to the respondent on taking of steps by the petitioner within one week through all permissible modes, returnable on 20th January, 2023.

CHANDRA DHARI SINGH, J DECEMBER 13, 2022 Sv/MS Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:14.12.2022 19:19:13