Delhi High Court - Orders
11 Shri Krishna Infratech vs Dhara Motor Finance Ltd on 16 November, 2023
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Anoop Kumar Mendiratta
$~11 & 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 31/2023 & CM Appls. 5494/2023, 5495/2023 and
12870/2023
11 SHRI KRISHNA INFRATECH ..... Appellant
Through: Mr. Himanshu Jain, Mr. Bharat
Bhushan Jain, Mr. Siddharth Jain and
Mr. Narender Kumar, Advs.
versus
DHARA MOTOR FINANCE LTD. ..... Respondent
Through: Mr. Nehal Kashyap and Mr. Abhik
Kumar, Advs. with AR of Company
AND
+ FAO (COMM) 32/2023 & CM Appls. 5497/2023, 5498/2023 and
12363/2023
12 SHRI KRISHNA INFRATECH ..... Appellant
Through: Mr. Himanshu Jain, Mr. Bharat
Bhushan Jain, Mr. Siddharth Jain and
Mr. Narender Kumar, Advs.
versus
DHARA MOTOR FINANCE LTD. ..... Respondent
Through: Mr. Nehal Kashyap and Mr. Abhik
Kumar, Advs. with AR of Company
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 16.11.2023
1. These appeals are filed challenging the interim order dated September 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 18/11/2023 at 21:33:51 01, 2022, whereby the Receiver was appointed to take the vehicles in question in possession. We have been informed by the learned counsel appearing for the respondent in both the appeals that vehicles have since been sold. This submission has been disputed by the counsel for the appellant.
2. Though, the learned counsel for the respondent states that, an Arbitrator has been appointed by the respondent to adjudicate the inter se dispute between the parties, he along with counsel for the appellant states, the parties be referred to DIAC for adjudication of dispute(s) by an independent Arbitrator to be appointed by the DIAC, in view of the judgment of the Supreme Court in the case of Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760.
3. We have also been informed that the said Arbitrator so appointed had entered reference and had passed certain orders.
4. In any case, we make it clear the Arbitrator to be appointed by DIAC shall hold the proceedings de novo and liberty is granted to the appellant to file such application with such prayer(s) for the consideration of the new Arbitrator.
5. The parties are referred to the process of Arbitration under the aegis of DIAC. The DIAC shall appoint the Arbitrator from its panel. It is made clear that the Arbitrator appointed by the respondent shall cease to act as an Arbitrator henceforth.
6. The fee of the learned Arbitrator shall be governed by the Rules of DIAC. He shall give a declaration in terms of Section 12 of the Arbitration and Conciliation Act of 1996/the Rules made by the DIAC.
7. Let a copy of this order be sent to Coordinator, DIAC for information 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 18/11/2023 at 21:33:51 and necessary action.
8. The appeals are disposed of.
V. KAMESWAR RAO, J ANOOP KUMAR MENDIRATTA, J NOVEMBER 16, 2023/ds 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 18/11/2023 at 21:33:51