Delhi High Court - Orders
Virgo Softech Ltd vs National Institute Of Electronics And ... on 28 February, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~7 to 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
(7) ARB.P. 1285/2022 & I.A. 18949/2022
(8)+ ARB.P. 1286/2022 & I.A. 18951/2022
(9) ARB.P. 1288/2022 & I.A. 18978/2022
(10) ARB.P. 1289/2022 & I.A. 18980/2022
VIRGO SOFTECH LTD ..... Petitioner
Through: Ms.Sunanda Tulsyan and
Mr.Akhil Salhar, Advs.
versus
NATIONAL INSTITUTE OF ELECTRONICS AND
INFORMATION TECHONOLOGY ..... Respondent
Through: Mr.Shashank Bajpai and
Ms.Kaveesh Nair, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 28.02.2023
1. The learned counsel for the respondent prays for and is granted a further period of two weeks to file the reply.
2. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
3. The learned counsel for the respondent submits that in terms of Clause 8.2(a) of the Special Condition of Contract dated 05.01.2012, the Department of Information Technology, Ministry of Communication and Information Technology, Government of India shall be the appointing authority of the Arbitrator and it has appointed the Arbitrator vide letter dated 15.10.2018. He submits that the respondent is an autonomous body and therefore, the disqualification in terms of Seventh Schedule to the Arbitration and Conciliation Act, 1996 will not be applicable.
4. The learned counsel for the petitioner refutes the above Signature Not Verified submissions and submits that the respondent is under the aegis of Digitally Signed By:SUNIL Signing Date:02.03.2023 15:55:30 Ministry of Electronic and Information Technology and is not an autonomous body.
5. List on 24th May, 2023.
NAVIN CHAWLA, J FEBRUARY 28, 2023/Arya Signature Not Verified Digitally Signed By:SUNIL Signing Date:02.03.2023 15:55:30