Delhi High Court - Orders
Vaderas Interiors And Exteriors vs Gail India Limited on 2 February, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 25/2023
VADERAS INTERIORS AND EXTERIORS ..... Petitioner
Through: Mr. Dharmender Verma & Mr.
Abhishek Yadav, Advocates. [M:-
9625777607]
versus
GAIL INDIA LIMITED ..... Respondent
Through: Mr. Nikhil Majithia, Advocate.
[M:-9910415522]
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 02.02.2023 I.A. 1882/2023(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
O.M.P.(I) (COMM.) 25/2023 & I.A. 1881/2023(Application seeking ex- parte ad interim protection from respondent)
1. By way of this petition under Section 9 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks interim measures of protection in anticipation of arbitral proceedings under a contract awarded to the petitioner by the respondent vide Letter of Award dated 01.06.2020. The contract was entered into between the parties on 12.06.2020.
Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(I) (COMM.) 25/2023 Page 1 of 3 Signing Date:03.02.2023 13:27:282. It appears from the record that the petitioner has invoked the arbitration clause contained in the contract [clause 107 of the General Conditions of Contract] on 05.01.2022, to which the respondent has sent a reply on 30.01.2022.
3. During the course of hearing, learned counsel for the parties, upon instructions, submit that the matter may be referred to arbitration in these proceedings, under the aegis of the Delhi International Arbitration Centre, Shershah Road, Delhi-110503 ["DIAC"]. In such circumstances, I am of the view that the petitioner may be granted liberty to seek interim measures of protection before the learned Arbitrator under Section 17 of the Act.
4. The petition is therefore disposed of with the following directions:-
a. By consent of the parties, the disputes between the parties under the Letter of Award dated 01.06.2020, entered into between the parties on 12.06.2020, are referred to the arbitration of Hon'ble Mr. Justice Manmohan Singh, a former Judge of this Court [Tel:- +91- 9717495001]. The arbitration will be conducted under the aegis of DIAC, and, will be subject to the Rules of DIAC, including as to the renumeration of the learned Arbitrator. The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act, prior to entering upon the reference.
b. The present petition will be treated as an application under Section 17 of the Act before the learned Arbitrator. The petitioner may request the learned Arbitrator to take up the proceedings at his earliest convenience, at least for consideration of ad interim orders.
5. It is made clear that this Court has not entered into the merits of the Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(I) (COMM.) 25/2023 Page 2 of 3 Signing Date:03.02.2023 13:27:28 controversies between the parties even on a prima facie basis, and all rights and contentions of the parties, including as to the arbitrability of disputes, as well as on merits of the claims of either of the parties, are left open for adjudication by the learned Arbitrator.
6. The petition, alongwith the pending application, is disposed of with these directions.
PRATEEK JALAN, J FEBRUARY 2, 2023 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(I) (COMM.) 25/2023 Page 3 of 3 Signing Date:03.02.2023 13:27:28