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Prime Interglobe Private Limited vs Super Milk Products Private Limited on 14 October, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                    $~3
                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +           ARB.P. 608/2022 & I.A. 11713/2022.

                                PRIME INTERGLOBE PRIVATE LIMITED         ..... Petitioner
                                             Through: Mr. Suvigya Awasthy, Mr. Vivek
                                                      Joshi, Mr. Rohan Gulati, Ms.
                                                      Radha Gupta, Advocates.

                                                           versus

                                SUPER MILK PRODUCTS PRIVATE LIMITED ..... Respondent
                                             Through: Mr. Aseem Chaturvedi, Mr. Milind
                                                      Jain, Advocates.

                    CORAM:
                    HON'BLE MR. JUSTICE PRATEEK JALAN

                                            ORDER

% 14.10.2022 I.A. 15128/2022 (for early hearing of the captioned petition) in ARB.P. 608/2022.

1. Notice of this application for early hearing was issued on 15.09.2022. Although it was directed that the application will be listed alongwith the arbitration petition today, Mr. Aseem Chaturvedi, learned counsel for the respondent- non-applicant, seeks an adjournment.

2. Mr. Suvigya Awasthy, learned counsel for the petitioner, submits that the ongoing arbitration proceedings between the parties under the same agreement, in which certain claims raised by the respondent herein are being adjudicated, and that an urgency arises because that arbitration is at its fag end.

3. Mr. Chaturvedi submits that the relief sought in the present petition Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:15.10.2022 13:36:52 ARB.P. 608/2022 Page 1 of 2 is entirely independent of the ongoing arbitration proceedings, and the possibility of an award being rendered therein will have no effect upon the petitioner's rights in the present petition.

4. As far as merits of the matter is concerned, the petitioner seeks appointment of an arbitrator to adjudicate its claims under the contract dated 03.10.2016 entitled "Master Franchise Agreement". The principal ground taken by the respondent to resist appointment of an arbitrator is that the petitioner has failed to file its counter claims in the ongoing arbitration proceedings, and his obligation to do so has been rejected by the learned Arbitrator vide an order dated 14.03.2022.

5. I am prima facie of the view that, the said order rejecting the petitioner's request to file counter claims on the ground that the request was belated, does not foreclose the petitioner's right to raise its claims in independent proceedings. In any event, it has been put to learned counsel for the respondent that an arbitrator may be appointed leaving all legal defences as to the maintainability, and the merits of the petitioner's claims, open for adjudication in the arbitration proceedings. Mr. Chaturvedi will take instructions on this aspect also.

6. I.A. No. 15128/2022 stands disposed of in these terms.

At Mr. Chaturvedi's request, list on 30.11.2022. The next date of hearing i.e. 02.11.2022 stands cancelled.

PRATEEK JALAN, J OCTOBER 14, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:15.10.2022 13:36:52 ARB.P. 608/2022 Page 2 of 2