Delhi High Court - Orders
Texmaco Rail & Engineering Limited vs Laxmi Gemini on 3 February, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB. A. (COMM.) 40/2018
TEXMACO RAIL & ENGINEERING LIMITED .....Petitioner
Through: Mr. Akshay Ringe, Ms. Megha
Mukerjee, Mr. Dhananjay Gupta
Advocates.
versus
LAXMI GEMINI .....Respondent
Through: Mr. Sanjay S. Chhabra and Ms.
Sugandh Virmani, Advocates.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 03.02.2025
1. The present petition under Section 37 of the Arbitration and Conciliation Act, 1996 challenging the Order dated 05.03.2018 passed by the Ld. Arbitrator stating that no arbitrable disputes have arisen between the parties.
2. The Share Purchase Agreement (SPA) dated 20.07.2013 contains an arbitration clause which reads as under:
"9.2 If, within 15 (fifteen) Business Days of the commencement of negotiations between the Parties to resolve any dispute amicably, the matter is not resolved, the matter shall be referred to arbitration in Kolkata in accordance with the (Indian) Arbitration and Conciliation Act, 1996 by a single arbitrator to be jointly appointed by the parties."
3. This Court is, prima facie, of the opinion that the seat of the arbitration is Kolkata. The arbitration proceedings have been conducted in 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 15/02/2025 at 00:15:45 Delhi which will only mean that the venue is Delhi. Since the seat is in Kolkata, the Courts under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 would be the Courts at Kolkata.
4. Confronted with this, the learned Counsel for the Petitioner seeks some time to get instructions.
5. List on 17.03.2025.
SUBRAMONIUM PRASAD, J FEBRUARY 3, 2025 S. Zakir 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 15/02/2025 at 00:15:45