Delhi High Court - Orders
Balaji Steel Trade vs Fludor Benin S.A. & Ors on 8 November, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 544/2023, I.A. 14901/2023, I.A. 16015/2023, I.A.
16877/2023, I.A. 19362/2023
BALAJI STEEL TRADE ..... Plaintiff
Through: Mr. Tejas Karia, Ms. Shruti
Sabharwal, Mr. Nishant Doshi, Mr.
Nitin Shama, Ms. Ridhima Bhardwaj,
Mr. Ankit Juneja, Mr. Abhinav
Mathur, Mr. Nitesh Srivastava, Mr.
Tosif Solanki, Mr. Manish Parmar,
Advs.
versus
FLUDOR BENIN S.A. & ORS. ..... Defendants
Through: Mr. Rajiv Nayar, Sr. Adv. with Mr.
Abhijnam Jha, Ms. Urvashi Mishra,
Mr. Arnab Ray, Advs. for D-1.
Mr. Sushil Daga, Mr. Chitransh
Mathur, Ms. Parul Singhal, Advs. for
D-2 & 3.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 08.11.2023
1. Mr. Tejas Karia, learned counsel for the plaintiff is insisting for the disposal of his application under Order XXXIX Rule 1 and 2 of CPC on the ground that the arbitration at Benin (Republic of Benin) is in progress and is fixed for 10.11.2023.
2. Learned counsel submits that the learned predecessor of this court had already heard extensive arguments and therefore some protection may 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 11/11/2023 at 03:10:16 be granted to the plaintiff.
3. Mr. Rajiv Nayar, learned senior counsel for the defendant submits that no relief has been granted to the plaintiff. Learned senior also counsel submits that the arbitration is not going to be concluded on 10.11.2023.
4. Learned senior counsel further submits that his application under Section 45 of the Arbitration and Conciliation Act has to be considered first.
5. In the view of the submission made, list the matter for hearing of an application under Section 45 of the Arbitration and Conciliation Act and the application for injunction being moved by the plaintiff on 05.01.2024
6. In the meantime, any proceeding/award at Benin shall be subject to the decision of this court in the present suit.
7. Perusal of the record also demonstrates that the arbitration proceedings have not been stayed.
8. Learned counsel for the plaintiff submits that plaintiff's participation at Benin shall be without prejudice to his rights and contentions before this court.
9. List the matter before court on 05.01.2024.
DINESH KUMAR SHARMA, J NOVEMBER 8, 2023/AR..
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 11/11/2023 at 03:10:16