Delhi High Court - Orders
Rajnish Karki & Anr vs Pooja Finelease Limited on 1 February, 2024
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 231/2021
RAJNISH KARKI & ANR. ..... Petitioners
Through: Mr Ashim Sood, Mr Ishaan Karki and
Mr Shrey Sharma, Advs.
versus
POOJA FINELEASE LIMITED ..... Respondent
Through: Mr Arvind Jadon, Ms Pallavi Jadon
and Mr Taru Saxena, Advs. with Mr
Brijesh Pandey, AR
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 01.02.2024
1. This is a petition seeking to set aside the Arbitral Award dated 10.05.2021 passed by the learned Sole Arbitrator.
2. During the hearing of the instant petition, the parties have arrived at a settlement.
3. The terms of the settlement are that the petitioners shall pay a sum of Rs. 5.25 crores in full and final settlement of the Arbitral Award dated 10.05.2021. Further, 10% of the said amount i.e. Rs. 52.5 lakhs shall be paid to the respondent on or before 06.02.2024 by way of demand draft or wire transfer. The balance amount of 90% shall be paid by the petitioners within a period of 10 weeks from today. During these 10 weeks, the respondent shall not take any precipitate action in the proceedings initiated by the respondent against the petitioners.
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 03/02/2024 at 01:28:40
4. Once the entire payment of Rs. 5.25 crores is paid, all the pending litigations initiated by the respondent shall be withdrawn.
5. The respondent shall show the original title deeds of the property bearing No. L-1/13, ground floor, Hauz Khas Enclave, New Delhi - 110016 to any prospective buyer or lender brought by the petitioners.
6. In case there is any violation of the terms of the settlement arrived today, the entire Award amount shall become due and payable to the respondent and the respondent shall also be entitled to execute the Award.
7. In this view of the compromise, Mr Sood on instructions of Mr Karki, learned counsel for the petitioners does not press the instant petition.
8. Binding the parties to the statements made by their counsels, the petition is disposed of in terms of the settlement recorded herein above.
9. Dasti.
JASMEET SINGH, J FEBRUARY 1, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:40 $~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 42/2020 & EX.APPL.(OS) 351/2020 M/S. HANSALAYA HOLDINGS ..... Decree Holder Through: None versus J & S PVT. LIMITED AND ANOTHER ..... Judgement Debtors Through:
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH ORDER % 31.01.2024
1. There is nobody appearing on behalf of the decree-holder. There was nobody appearing on behalf of the decree-holder even on the last two dates.
2. It seems that the decree-holder is not interested in pursuing the present petition.
3. The petition is dismissed for non-prosecution.
JASMEET SINGH, J JANUARY 31, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:40 $~1 to 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 240/2022 & I.A. 3280/2022 NAYATI HEALTHCARE AND RESEARCH PVT LTD & ANR.
..... Petitioners Through: Mr Rohit Khurana, Adv. (through VC) versus YES BANK LIMITED ..... Respondent Through: Mr Harsh Sinha, Adv.
2+ ARB.P. 242/2022 & I.A. 3284/2022 NAYATI HEALTHCARE AND RESEARCH PVT LTD & ANR.
..... Petitioners Through: Mr Rohit Khurana, Adv. (through VC) versus YES BANK LIMITED ..... Respondent Through: Mr Harsh Sinha, Adv.
3+ ARB.P. 249/2022 & I.A. 3308/2022 NAYATI HEALTHCARE AND RESEARCH PVT LTD & ANR.
..... Petitioners Through: Mr Rohit Khurana, Adv. (through VC) versus YES BANK LIMITED ..... Respondent Through: Mr Harsh Sinha, Adv.
4+ ARB.P. 250/2022 & I.A. 3310/2022 NAYATI HEALTHCARE AND RESEARCH PVT LTD & ANR.
..... Petitioners Through: Mr Rohit Khurana, Adv. (through VC) versus YES BANK LIMITED ..... Respondent Through: Mr Harsh Sinha, Adv.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH 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 03/02/2024 at 01:28:40 ORDER % 31.01.2024
1. Mr Khurana, learned counsel for the petitioners states that Insolvency Resolution Professional ('IRP') has been appointed vis-à-vis the petitioners and the IRP shall take further steps in the petition. Accordingly, Mr Khurana's Vakalatnama is discharged.
2. List on 26.04.2024 for further proceedings.
3. The judgment dated 22.12.2023 passed by the NCLT, Chandigarh is taken on record.
JASMEET SINGH, J JANUARY 31, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:40 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 277/2023 MOREPEN LABORATORIES LIMITED ..... Petitioner Through: Counsel (appearance not given) versus DELEXCEL PHARMA PRIVATE LIMITED AND ORS.
..... Respondents Through: Mr Shekhar G Devasa and Mr Manish Tiwari, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH ORDER % 31.01.2024
1. Parties have arrived at a settlement and the learned counsel for the petitioner does not press the petition.
2. The petition is disposed of in view of the settlement dated 24.01.2024 through mediation, binding the parties to the terms contained therein.
3. The Delhi High Mediation & Conciliation Centre is requested to place the settlement on record.
JASMEET SINGH, J JANUARY 31, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 144/2023 PUNJAB NATIONAL BANK ..... Petitioner Through: Mr Debesh Panda, Mr Kanishk Aggarwal and Mr Anant Upadhyay, Advs.
versus
UNION BANK OF INDIA ..... Respondent
Through: Mr O.P. Gaggar, Adv.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 31.01.2024
1. This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 seeking appointment of an Arbitrator to resolve disputes between the parties.
2. Mr Panda, learned counsel for the petitioner states that the respondent on 28.03.2018 had given an undertaking which reads as under:
"This refers to payments due to us from Punjab National Bank ("PNB") as captioned.
We understand that you have filed complaints with the Central Bureau of Investigation on 31st January 2018 and on 15th February, 2018 against (a) certain officials of PNB; (b) Firestar International Limited, Firestar Diamond International P Limited, M/s. Stellar Diamonds, M /s. Solar Exports and M/s. Diamond RUS, and their officials and promoter Mr.Nirav Modi; and (c) 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 03/02/2024 at 01:28:41 Gitanjali Gems Ltd, Gili India Ltd., Nakshatra Brands, Asmi Jewellery India Ltd ., and their officials and promoter Mr. Mehul Choksi. The Complaint relates to issuance of various allegedly fraudulent LOUs and LCs from the offices of PNB on behalf of above entities, including the alleged fraudulent upsizing of the LCs (the "Fraud").
Subject to receiving the captioned payments in full, we agree and undertake that any payments made to us pursuant to the allegedly fraudulently issued LoU 's and /or LC's that are found by any court of competent jurisdiction or an investigative agency under Indian laws to have been issued pursuant to knowledge of the alleged Fraud or collusion in the alleged Fraud by any existing or past officials/employees of our Bank, shall be returned with interest @ 3 months LIBOR + 50 basis point to PNB within 30 (thirty) days of the aforesaid finding/order or expiry of the period for appeal from the same, whichever is later. We also confirm, agree, undertake and acknowledge that with effect from the date of settling the amount with us in relation to allegedly fraudulently issued LoUs and LCs ( the "Settlement Date"), all rights we have as against the persons involved in the alleged fraudulent issuance of LoUs and LCs will stand subrogated to PNB to the extent of the amounts received by us, and we shall have no right to recover any monies directly from the borrower companies or the persons involved in the alleged fraudulent issuance of LoUs and LCs to the extent of the amounts received by us under the LOUs and the LCs. PNB may at its 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 03/02/2024 at 01:28:41 discretion pursue a civil claim against such persons, and any monies recovered by PNB as a result of such civil action shall be the sole property of PNB, and we shall have no right whatsoever towards such amounts recovered by PNB.
We also confirm and agree that as on the Settlement Date on receipt of the amounts, all claims or disputes raised by us, as to the quantified amount and as asserted arising out of the alleged Fraud or other irregularities committed by the persons in relation to alleged fraudulent issuance of LoUs [and LCs] shall stand fully and finally settled.
On account of the long standing relationship between our Bank and yourself and, the ongoing internal investigations as well as the investigations of various law enforcement and regulatory authorities, our Bank undertakes to ensure that all assistance, documents and information are provided in relation to allegedly fraudulently issued LoUs/LCs as and when requested by PNB the authorities or agencies mentioned herein.
This undertaking shall be governed by and construed in accordance with the laws of India. Any dispute in relation to the rights and obligations contained herein or arising here from shall be subject to and resolved in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and the venue of arbitration shall be [New Delhi]. Subject to the provisions of arbitration as set out above, competent courts in [New Delhi] will have exclusive jurisdiction."
3. The undertaking had an Arbitration clause. It is stated by Mr Panda 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 03/02/2024 at 01:28:41 that the said undertaking was acted upon between the parties and pursuant to the undertaking, the petitioner gave a sum of about 118 million dollars.
4. As per the undertaking, the respondent had assured to give all assistance, documents and information which would be sought by the petitioner with regard to fraudulent LoUs/LCs as and when requested.
5. The petitioner through series of letters sought documents from the respondent which were not provided and hence, the notice invoking arbitration was sent on 14.05.2020.
6. Mr Gaggar, learned counsel for the respondent states that all the documents which were in the power and possession of the respondent have already been given and hence, there is no dispute which should be referred to arbitration. He further states that there is an Alternative Dispute Redressal Mechanism and the same should have been invoked by the petitioner.
7. Mr Panda states that that would be re-writing the undertaking dated 28.03.2018.
8. I am unable to agree with the contention of Mr Gaggar as the recourse to ADR mechanism has not been stated in the arbitration clause, and nor is it stated in the counter-affidavit filed by the respondent.
9. I am also unable to agree as, if the petitioner states that there is a dispute and the respondent denies the same, the same itself constitutes a dispute which will be seen by the Arbitrator. A Coordinate Bench of this Court in ARB.P. 686/2020 and ARB.P. 243/2020 in similar circumstances have entertained the petitions and appointed Arbitrator.
10. For the said reasons, the present petition is allowed. The Court proposes to appoint Justice (Retired) Shiavax Vazifdar, former Chief Justice of Punjab and Haryana High Court (Mobile No. 9820102088) as the Sole 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 03/02/2024 at 01:28:41 Arbitrator to adjudicate the subject disputes between the parties on the same terms and conditions as contained in the ARB.P. 686/2020 and ARB.P. 243/2020.
11. In terms of the undertaking dated 28.03.2018, the venue of Arbitration shall be at New Delhi and the arbitration may be done through VC.
12. The learned Arbitrator is requested to enter reference only after 8 weeks from today as, with consent of parties, the matter is referred to Delhi High Court Mediation & Conciliation Centre.
13. The parties are directed to appear before Delhi High Court Mediation & Conciliation Centre on 09.02.2024 at 04:00 p.m.
14. In case the parties are unable to settle the dispute, learned Arbitrator will enter reference in terms of the order passed today.
JASMEET SINGH, J JANUARY 31, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 145/2023 PUNJAB NATIONAL BANK ..... Petitioner Through: Mr Debesh Panda, Mr Kanishk Aggarwal and Mr Anant Upadhyay, Advs.
versus INDIAN BANK EARSTWHILE ALLAHABAD BANK ..... Respondent Through: Mr Gautam Awasthi, Mr Ayush Choudhary and Mr Devanshu Yadav, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH ORDER % 31.01.2024
1. This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 seeking appointment of an Arbitrator to resolve disputes between the parties.
2. Mr Panda, learned counsel for the petitioner states that the respondent on 28.03.2018 had given an undertaking which reads as under:
"This refers to payments due to us from Punjab National Bank ("PNB") as captioned.
We understand that you have filed complaints with the Central Bureau of Investigation on 31st January 2018 and on 15th February, 2018 against (a) certain officials of PNB; (b) Firestar International Limited, Firestar Diamond International P Limited, 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 03/02/2024 at 01:28:41 M/s. Stellar Diamonds, M /s. Solar Exports and M/s. Diamond RUS, and their officials and promoter Mr.Nirav Modi; and (c) Gitanjali Gems Ltd, Gili India Ltd., Nakshatra Brands, Asmi Jewellery India Ltd ., and their officials and promoter Mr. Mehul Choksi. The Complaint relates to issuance of various allegedly fraudulent LOUs and LCs from the offices of PNB on behalf of above entities, including the alleged fraudulent upsizing of the LCs (the "Fraud").
Subject to receiving the captioned payments in full, we agree and undertake that any payments made to us pursuant to the allegedly fraudulently issued LoU 's and /or LC's that are found by any court of competent jurisdiction or an investigative agency under Indian laws to have been issued pursuant to knowledge of the alleged Fraud or collusion in the alleged Fraud by any existing or past officials/employees of our Bank, shall be returned with interest @ 3 months LIBOR + 50 basis point to PNB within 30 (thirty) days of the aforesaid finding/order or expiry of the period for appeal from the same, whichever is later. We also confirm, agree, undertake and acknowledge that with effect from the date of settling the amount with us in relation to allegedly fraudulently issued LoUs and LCs ( the "Settlement Date"), all rights we have as against the persons involved in the alleged fraudulent issuance of LoUs and LCs will stand subrogated to PNB to the extent of the amounts received by us, and we shall have no right to recover any monies directly from the borrower companies or the persons involved in the alleged 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 03/02/2024 at 01:28:41 fraudulent issuance of LoUs and LCs to the extent of the amounts received by us under the LOUs and the LCs. PNB may at its discretion pursue a civil claim against such persons, and any monies recovered by PNB as a result of such civil action shall be the sole property of PNB, and we shall have no right whatsoever towards such amounts recovered by PNB.
We also confirm and agree that as on the Settlement Date on receipt of the amounts, all claims or disputes raised by us, as to the quantified amount and as asserted arising out of the alleged Fraud or other irregularities committed by the persons in relation to alleged fraudulent issuance of LoUs [and LCs] shall stand fully and finally settled.
On account of the long standing relationship between our Bank and yourself and, the ongoing internal investigations as well as the investigations of various law enforcement and regulatory authorities, our Bank undertakes to ensure that all assistance, documents and information are provided in relation to allegedly fraudulently issued LoUs/LCs as and when requested by PNB the authorities or agencies mentioned herein. This undertaking shall be governed by and construed in accordance with the laws of India. Any dispute in relation to the rights and obligations contained herein or arising here from shall be subject to and resolved in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and the venue of arbitration shall be [New Delhi]. Subject to the provisions of arbitration as set out above, competent courts in [New Delhi] 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 03/02/2024 at 01:28:41 will have exclusive jurisdiction."
3. The undertaking had an Arbitration clause. It is stated by Mr Panda that the said undertaking was acted upon between the parties and pursuant to the undertaking, the petitioner gave a sum of about 351 million dollars.
4. As per the undertaking, the respondent had assured to give all assistance, documents and information which would be sought by the petitioner with regard to fraudulent LoUs/LCs as and when requested.
5. The petitioner through series of letters sought documents from the respondent which were not provided and hence, the notice invoking arbitration was sent on 27.07.2022.
6. Learned counsel for the respondent states that all the documents which were in the power and possession of the respondent have already been given and hence, there is no dispute which should be referred to arbitration. He further states that there is an Alternative Dispute Redressal Mechanism and the same should have been invoked by the petitioner.
7. Mr Panda states that that would be re-writing the undertaking dated 28.03.2018.
8. I am unable to agree with the contention of learned counsel for the respondent as the recourse to Alternative Dispute Redressal Mechanism has not been stated in the contract containing the arbitration clause, and nor is it stated in the reply filed by the respondent.
9. I am also unable to agree as, if the petitioner states that there is a dispute and the respondent denies the same, the same itself constitutes a dispute which will be seen by the Arbitrator. A Coordinate Bench of this Court in ARB.P. 686/2020 and ARB.P. 243/2020 in similar circumstances have entertained the petitions and appointed Arbitrator.
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 03/02/2024 at 01:28:41
10. For the said reasons, the present petition is allowed. The Court proposes to appoint Justice (Retired) Shiavax Vazifdar, former Chief Justice of Punjab and Haryana High Court (Mobile No. 9820102088) as the Sole Arbitrator to adjudicate the subject disputes between the parties on the same terms and conditions as contained in the ARB.P. 686/2020 and ARB.P. 243/2020.
11. In terms of the undertaking dated 28.03.2018, the venue of Arbitration shall be at New Delhi and the arbitration may be done through VC.
12. The learned Arbitrator is requested to enter reference only after 8 weeks from today as, with consent of parties, the matter is referred to Delhi High Court Mediation & Conciliation Centre.
13. The parties are directed to appear before Delhi High Court Mediation & Conciliation Centre on 09.02.2024 at 04:00 p.m.
14. In case the parties are unable to settle the dispute, learned Arbitrator will enter reference in terms of the order passed today.
JASMEET SINGH, J JANUARY 31, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 146/2023 PUNJAB NATIONAL BANK ..... Petitioner Through: Mr Debesh Panda, Mr Kanishk Aggarwal and Mr Anant Upadhyay, Advs.
versus
UCO BANK ..... Respondent
Through: Mr Jayant Mehta, Sr. Adv. with Mr
Sarfaraz Khan, Mr Udit Dedhiya, Mr
Mirza Amir Baig and Mr Abdul
Wahid, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 31.01.2024
1. This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 seeking appointment of an Arbitrator to resolve disputes between the parties.
2. Mr Panda, learned counsel for the petitioner states that the respondent on 28.03.2018 had given an undertaking which reads as under:
"This refers to payments due to us from Punjab National Bank ("PNB") as captioned.
We understand that you have filed complaints with the Central Bureau of Investigation on 31st January 2018 and on 15th February, 2018 against (a) certain officials of PNB; (b) Firestar International Limited, Firestar Diamond International P Limited, 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 03/02/2024 at 01:28:41 M/s. Stellar Diamonds, M /s. Solar Exports and M/s. Diamond RUS, and their officials and promoter Mr.Nirav Modi; and (c) Gitanjali Gems Ltd, Gili India Ltd., Nakshatra Brands, Asmi Jewellery India Ltd ., and their officials and promoter Mr. Mehul Choksi. The Complaint relates to issuance of various allegedly fraudulent LOUs and LCs from the offices of PNB on behalf of above entities, including the alleged fraudulent upsizing of the LCs (the "Fraud").
Subject to receiving the captioned payments in full, we agree and undertake that any payments made to us pursuant to the allegedly fraudulently issued LoU 's and /or LC's that are found by any court of competent jurisdiction or an investigative agency under Indian laws to have been issued pursuant to knowledge of the alleged Fraud or collusion in the alleged Fraud by any existing or past officials/employees of our Bank, shall be returned with interest @ 3 months LIBOR + 50 basis point to PNB within 30 (thirty) days of the aforesaid finding/order or expiry of the period for appeal from the same, whichever is later. We also confirm, agree, undertake and acknowledge that with effect from the date of settling the amount with us in relation to allegedly fraudulently issued LoUs and LCs ( the "Settlement Date"), all rights we have as against the persons involved in the alleged fraudulent issuance of LoUs and LCs will stand subrogated to PNB to the extent of the amounts received by us, and we shall have no right to recover any monies directly from the borrower companies or the persons involved in the alleged 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 03/02/2024 at 01:28:41 fraudulent issuance of LoUs and LCs to the extent of the amounts received by us under the LOUs and the LCs. PNB may at its discretion pursue a civil claim against such persons, and any monies recovered by PNB as a result of such civil action shall be the sole property of PNB, and we shall have no right whatsoever towards such amounts recovered by PNB.
We also confirm and agree that as on the Settlement Date on receipt of the amounts, all claims or disputes raised by us, as to the quantified amount and as asserted arising out of the alleged Fraud or other irregularities committed by the persons in relation to alleged fraudulent issuance of LoUs [and LCs] shall stand fully and finally settled.
On account of the long standing relationship between our Bank and yourself and, the ongoing internal investigations as well as the investigations of various law enforcement and regulatory authorities, our Bank undertakes to ensure that all assistance, documents and information are provided in relation to allegedly fraudulently issued LoUs/LCs as and when requested by PNB the authorities or agencies mentioned herein.
This undertaking shall be governed by and construed in accordance with the laws of India. Any dispute in relation to the rights and obligations contained herein or arising here from shall be subject to and resolved in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and the venue of arbitration shall be [New Delhi]. Subject to the provisions of arbitration as set out above, competent courts in [New Delhi] 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 03/02/2024 at 01:28:41 will have exclusive jurisdiction."
3. The undertaking had an Arbitration clause. It is stated by Mr Panda that the said undertaking was acted upon between the parties and pursuant to the undertaking, the petitioner gave a sum of about 363 million dollars.
4. As per the undertaking, the respondent had assured to give all assistance, documents and information which would be sought by the petitioner with regard to fraudulent LoUs/LCs as and when requested.
5. The petitioner through series of letters sought documents from the respondent which were not provided and hence, the notice invoking arbitration was sent on 24.03.2020.
6. Mr Mehta, learned senior counsel for the respondent states that the disputes as raised by the petitioner are beyond the scope of arbitration.
7. I am also unable to agree as, if the petitioner states that there is a dispute and the respondent denies the same, the same itself constitutes a dispute which will be seen by the Arbitrator. A Coordinate Bench of this Court in ARB.P. 686/2020 and ARB.P. 243/2020 in similar circumstances have entertained the petitions and appointed Arbitrator.
8. For the said reasons, the present petition is allowed. The Court proposes to appoint Justice (Retired) Shiavax Vazifdar, former Chief Justice of Punjab and Haryana High Court (Mobile No. 9820102088) as the Sole Arbitrator to adjudicate the subject disputes between the parties on the same terms and conditions as contained in the ARB.P. 686/2020 and ARB.P. 243/2020.
9. In terms of the undertaking dated 28.03.2018, the venue of Arbitration shall be at New Delhi and the arbitration may be done through VC.
10. The learned Arbitrator is requested to enter reference only after 8 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 03/02/2024 at 01:28:41 weeks from today as, with consent of parties, the matter is referred to Delhi High Court Mediation & Conciliation Centre.
11. The parties are directed to appear before Delhi High Court Mediation & Conciliation Centre on 09.02.2024 at 04:00 p.m.
12. In case the parties are unable to settle the dispute, learned Arbitrator will enter reference in terms of the order passed today.
JASMEET SINGH, J JANUARY 31, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 94/2022 AKM SYSTEMS PVT LTD ..... Decree Holder Through: Mr Vijay Nair, Mr Manoranjan Sharma and Mr Karan Rajpurohit, Advs.
versus ET INFRA DEVELOPERS PVT LTD ..... Judgement Debtor Through: Mr Arpit Singh Arora, Adv. with Mr S Agrawal, Director (through VC) CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH ORDER % 30.01.2024
1. Mr Arora, learned counsel for the judgment-debtor assures the Court on behalf of the judgment-debtor that the registration charges and the stamp duty shall be communicated within a period of 10 days from today to the decree-holder and the Tripartite Agreement shall be executed within 10 days thereafter.
2. The assurance given by learned counsel for the judgment-debtor is taken on record and the judgment-debtor is bound by the same.
3. The parties are at liberty to communicate this order to CEO, Noida Authority to ensure compliance.
4. List on 23.02.2024.
JASMEET SINGH, J JANUARY 30, 2024/sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + I.P.A. 3/2023, I.A. 18113/2023, I.A. 18114/2023 RAJ KAPOOR ..... Petitioner Through: Mr Saurabh Kansal, Adv. (DHCLSC) versus HARKARAN GOEL & ORS. ..... Respondents Through:
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH ORDER % 30.01.2024 At request of Mr Kansal, learned counsel for the petitioner, list the matter before Joint Registrar (Judicial) on 19.02.2024 for recording evidence of the petitioner being an indigent person.
JASMEET SINGH, J JANUARY 30, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 811/2022 PARNEET KAUR ..... Plaintiff Through: Mr M.S. Vinaik and Ms Kanishka Sharma, Advs.
versus
BALJEET KAUR & ORS. ..... Defendants
Through: Mr Donee Saini, Adv. for D-6 to D-8 (through VC) Mr Raj Kumar Maurya and Mr Hamid Hawari, Advs. for D-14.
Mr Deepak Bashta, Adv. for D-15, D-17, D-18 and D-20.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH ORDER % 29.01.2024 CS(OS) 811/2022 & I.A. 21688/2022
1. This is a suit for partition of property bearing No. G-34, Green Park, New Delhi.
2. Mr Vinaik, learned counsel for the plaintiff states that the property is family owned and one of the defendants is peddling the property to blackmail all the other defendants. He further states that in case the status quo order is not passed today, the property will be sold further and the whole purpose of filing the suit will be defeated. Hence, he presses his application being I.A. 21687/2022.
I.A. 21687/2022., I.A. 4385/2023, I.A. 6428/2023, I.A. 11398/2023
3. These are applications filed under Order XXXIX Rules 1 and 2 read with Section 151 CPC seeking ad-interim ex-parte orders.
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4. Mr Deepak Bashta, learned counsel appears for defendant Nos. 15, 17, 18 and 20 and he supports the plaintiff.
5. There is nobody appearing on behalf of any other defendant. Except defendant No.14, nobody else has filed the written statement.
6. It is stated that the plaintiff is the Class - I legal heir of Late Mrs Rukman Kaur who was the absolute owner of the property and had died intestate. For the said reasons, I am of the view that the plaintiff has made out a prima facie case. The balance of convenience also lies in favour of the plaintiff and against the defendants. In case ad-interim ex-parte order as prayed for is not granted, the plaintiff will suffer irreparable loss and injury which cannot be compensated in terms of money.
7. For the said reasons, it is directed that till the next date of hearing the parties shall maintain status quo with regard to the title and possession of the suit property bearing No. G-34, Green Park, New Delhi.
8. List before the concerned Joint Registrar (Judicial) on 23.04.2024.
9. Provisions of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be complied with within one week.
JASMEET SINGH, J JANUARY 29, 2024 sr Click here to check corrigendum, if any 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 03/02/2024 at 01:28:41