Delhi High Court - Orders
Rakbro Industrial Corporation vs Esp/ Esp - 2 (Engineer Stores ... on 23 November, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1130/2022
RAKBRO INDUSTRIAL CORPORATION ..... Petitioner
Through: Mr. Yaduinder Lal, Proxy Counsel
versus
ESP/ ESP - 2 (ENGINEER STORES
PROCUREMENT) AND ANR. ..... Respondents
Through: Mr. Apoorv Kurup, CGSC with
Ms. Swati Bhardwaj & Mr. Ojaswa
Pathak, Advocates for R-1/UOI.
Mr. Sanjay Sharam Darmora &
Mr. Nitin Darmora, Advocates for
R-2/NSIC.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 23.11.2022
1. Mr. Nitin Darmora, learned counsel for the respondent No. 2- National Small Industries Corporation Limited ["NSIC"] submits that NSIC has no objection to the appointment of an arbitrator to adjudicate the disputes between the NSIC and the petitioner.
2. However, Mr. Apoorv Kurup, learned counsel appearing for the respondent No. 1, submits that there are, in fact, two contracts involved in the present case - one between Union of India ["UOI"] and NSIC, and the other between NSIC and the petitioner. It is his submission that prima Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. 1130/2022 Page 1 of 2 Signing Date:24.11.2022 13:37:21 facie the disputes arise under two separate contracts.
3. The UOI is directed to file an affidavit in reply to the petition within two weeks.
4. List on 16.12.2022.
PRATEEK JALAN, J NOVEMBER 23, 2022 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. 1130/2022 Page 2 of 2 Signing Date:24.11.2022 13:37:21