Delhi High Court - Orders
Ongc Limited vs Jsiw Infrastructure (P) Limited on 15 February, 2019
Author: Navin Chawla
Bench: Navin Chawla
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. 429/2015
ONGC LIMITED ..... Petitioner
Through: Mr.Saurav Agrawal, Mr.Digant Choudhary,
Ms.Aakriti Dawar, Advs. along with Ms.Sandhya
Yadav, Additional Chief Legal Adviser.
versus
JSIW INFRASTRUCTURE (P) LIMITED ..... Respondent
Through: Mr.Praveen Mahajan, Mr.Akhil Nene, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 15.02.2019
1. After the petitioner had concluded his arguments, learned counsel appearing for the respondent fairly submits that the Award may be set aside, however, he prays that as the existence of the Arbitration Agreement(s) in the two Notices of Award are admitted between the parties and it is the objection of the petitioner itself that instead of a common arbitration by a three member Arbitral Tribunal, the disputes should have been referred to a Sole Arbitrator separately for the two Notices of Award, to expedite the proceedings, a Sole Arbitrator be appointed by this Court who would treat the disputes with respect to the two Notices of Award as separate references and adjudicate the same.
2. I find merit in the submissions made by the counsel for the respondent. As the existence of the Arbitration Agreement is not denied and the parties have already travelled a long distance, in form of the earlier arbitration proceedings, which Award is being set aside by this Court, to call upon the respondent to again initiate the process for seeking appointment of an Arbitrator would be to insist upon an empty formality. Counsel for the petitioner has no objection to the above course being adopted.
3. In view of the above, I set aside the Impugned Award passed by the Arbitral Tribunal. I appoint Hon'ble Mr.Justice G.P.Mittal, (H-37, Green Park Extension, New Delhi-110016, Mobile-9910384619) as a Sole Arbitrator to adjudicate the disputes between the parties in relation to the abovementioned Notice(s) of Award. The Arbitrator shall consider this to be a case of two separate references. The Arbitrator shall give disclosure under Section 12 of the Arbitration and Conciliation Act, 1996 before proceeding with the reference.
4. Counsels for the parties submit that as the parties have already filed detailed pleadings and documentary evidences before the earlier Arbitral Tribunal, to expedite the adjudication, the Arbitrator should confine to the same while adjudicating on the present reference. The Arbitrator shall consider this plea on merit without being influenced by the findings or observations in the Impugned Arbitral Award by the earlier Arbitral Tribunal or any findings of this Court on merits.
5. They further agree that as a preliminary objection of the petitioner is that a consolidated Statement of Claim was not maintainable, the respondent shall file its separate Statement of Claims with respect to two Notice(s) of Award, before aforesaid appointed Sole Arbitrator.
6. The petition is disposed of with the consent of the parties in the above terms, with no order as to costs.
7. The parties are directed to provide entire earlier arbitration pleadings / records to the aforesaid learned Sole Arbitrator on first date of hearing.
NAVIN CHAWLA, J FEBRUARY 15, 2019 RN