Delhi High Court - Orders
Virgo Softech Ltd vs National Institute Of Electronics And ... on 18 November, 2022
$~24, 25, 34 and 35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1285/2022 & I.A. Nos. 18949/2022 & 18950/2022
VIRGO SOFTECH LTD ..... Petitioner
Through: Ms. Sunande with Mr. Akhil
and Mr. Arnav Pal Singh,
Advocates.
(M): 9891105069
versus
NATIONAL INSTITUTE OF ELECTRONICS AND
INFORMATION TECHONOLOGY ..... Respondent
Through: None.
25
+ ARB.P. 1286/2022 & I.A. Nos. 18951/2022 & 18952/2022
VIRGO SOFTECH LTD ..... Petitioner
Through: Ms. Sunande with Mr. Akhil
and Mr. Arnav Pal Singh,
Advocates.
(M): 9891105069
versus
NATIONAL INSTITUTE OF ELECTRONICS AND
INFORMATION TECHONOLOGY ..... Respondent
Through: None.
34.
+ ARB.P. 1288/2022 & I.A. Nos. 18978/2022 & 18979/2022
VIRGO SOFTECH LTD. ..... Petitioner
Through: Ms. Sunande with Mr. Akhil
and Mr. Arnav Pal Singh,
Advocates.
(M): 9891105069
versus
NATIONAL INSTITUTE OF ELECTRONICS AND
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:29.11.2022
14:31:04
INFORMATION TECHNOLOGY ..... Respondent
Through: None.
35.
+ ARB.P. 1289/2022 & I.A. Nos. 18980/2022 & 18981/2022
VIRGO SOFTECH LTD ..... Petitioner
Through: Ms. Sunande with Mr. Akhil
and Mr. Arnav Pal Singh,
Advocates.
(M): 9891105069
versus
NATIONAL INSTITUTE OF ELECTRONICS AND
INFORMATION TECHONOLOGY ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 18.11.2022 [Physical Hearing/ Hybrid Hearing] I.A. Nos. 18950/2022, 18952/2022, 18979/2022 & 18981/2022 (Applications under Section 151 CPC on behalf of petitioner for exemption from filing certified copy of annexures, true typed copy of dim/proper margin/underline/single line spacing of annexures)
1. These are applications under Section 151 CPC on behalf of petitioner for exemption from filing certified copy of annexures, true typed copy of dim/proper margin/underline/single line spacing of annexures.
2. Allowed, subject to just exceptions.
3. The applications are disposed of.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:29.11.2022 14:31:04I.A. No. 18949/2022, 18951/2022, 18978/2022 & (Applications under Section 14 of Limitation Act and Section 151 CPC seeking exclusion of time spent by petitioner in prosecuting bonafidely the same matter in issue in good faith before the respective Hon'ble Courts)
4. These are applications under Section 14 of Limitation Act read with Section 151 CPC seeking exclusion of time spent by petitioner in prosecuting the matters bonafidely before High Court of Punjab and Haryana and also seeking exclusion of time in terms of judgment of Hon'ble Supreme Court in suo moto case W.P. (C) 3/2019.
5. Issue notice.
6. Reply be filed within four weeks. Rejoinder, if any, be filed within two weeks thereafter.
7. Re-notify the captioned applications on 19.01.2023 ARB.P. 1285/2022, ARB.P. 1286/2022, 1288/2022 & 1289/2022
8. The aforesaid are petitions under Section 11 of Arbitration and Conciliation Act, 1996 for appointment of an arbitrator with respect to disputes that have arisen between the parties pursuant to respective agreements in all the cases dated 05.01.2012.
9. The arbitration clause in all the cases is contained in Clause 8.2 of arbitration agreement dated 05.01.2012. The arbitration clause was invoked vide notice dated 16.08.2018 in all the four cases.
10. It is submitted that this Court vide judgment dated 05.08.2022 has already allowed Arbitration Petition No. 802/2021 and 804/2021 wherein disputes had arisen out of similar agreements between the same parties.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:29.11.2022 14:31:0411. Learned counsel appearing for petitioner has handed over copy of order dated 07.11.2022 passed by Supreme Court in Special Leave to Appeal (C) No(s). 18772-18773/2022, National Institute of Electronic and Information Technology Vs Virgo Softech Ltd., to show that Supreme Court has refused to interfere in the aforesaid judgments dated 05.08.2022 passed by this Court in Arbitration Petition 802/2021 and 804/2021. Thus, she submits that this Court has the jurisdiction to appoint arbitrator as has been done in similar matters, and as upheld by Hon'ble Supreme Court.
12. It is further submitted that petitioner had earlier filed arbitration petitions before this Court. They were dismissed as it was held that the said petitions were not maintainable on account of lack of territorial jurisdiction. Subsequently, the said arbitration petitions were filed in Punjab and Haryana High Court.
13. It is submitted that the judgment of Supreme Court on the basis of which the earlier arbitration petitions filed by petitioner were dismissed was in the case of Union of India Vs Hardy Exploration and Production (India) INC., (2019) 13 SCC 472. Subsequently, Supreme Court by its later judgment in case of BGS SGS Soma JV Vs NHPC Limited, (2020) 4 SCC 234 held that the judgment in the case of Hardy Exploration (supra) was not a correct one. Thus, on account of changed position, the petitions pending in High Court of Punjab and Haryana at Chandigarh were withdrawn. Thus, vide order dated 16.09.2022, all the arbitration petitions as pending in the High Court of Punjab and Haryana were permitted to be withdrawn with liberty to file the same before the Court of competent jurisdiction.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:29.11.2022 14:31:0414. Thus, it is submitted that the present arbitration petitions have come to be filed before this Court which has the territorial jurisdiction. Learned counsel for petitioner further submits that Clause 8.2(b) of General Conditions of Contract in the agreement dated 05.01.2012 categorical provides that arbitration proceedings shall be held in New Delhi. Thus, she submits that this Court is the Court of competent jurisdiction.
15. Issue notice to respondent by all modes.
16. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
17. Re-notify the captioned matters on 19.01.2023.
MINI PUSHKARNA, J NOVEMBER 18, 2022 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:29.11.2022 14:31:04