Delhi High Court - Orders
Virgo Softech Ltd vs National Institute Of Electronics And ... on 14 September, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~1 to 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1285/2022 & I.A. 18949/2022 (Section 14, Limitation Act)
+ ARB.P. 1286/2022 & I.A. 18951/2022 (Section 14, Limitation Act)
+ ARB.P. 1288/2022 & I.A. 18978/2022 (Section 14, Limitation Act)
+ ARB.P. 1289/2022 & I.A. 18980/2022 (Section 14, Limitation Act)
VIRGO SOFTECH LTD ..... Petitioner
Through: Ms.Sunanda Tulsyan & Mr.Akhil
Sachar, Advs.
versus
NATIONAL INSTITUTE OF ELECTRONICS AND
INFORMATION TECHONOLOGY ..... Respondent
Through: Ms.Anubha Dhulia, Ms.Pooja Rai &
Mr.Harpreet Sidhu, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 14.09.2023
1. The present petitions under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act) seek appointment of an arbitrator for adjudication of the disputes which have arisen between the parties arising out of the agreement dated 05.01.2022.
2. The petitions are opposed by the respondent primarily on the ground that the petitioner having executed an addendum dated 11.01.2018, all the disputes between the parties stood finally settled and therefore, the petitioner cannot now raise a fresh claim by way of arbitration. In support of her plea, learned counsel for the respondent places reliance on the decision of the Apex Court in NTPC Ltd. v. M/s SPML Infra Ltd. 2023 SCC OnLine SC 389.
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3. In response, learned counsel for the petitioner, by drawing my attention to the order dated 05.08.2022 passed by a Coordinate Bench of this Court in ARB.P.802/2021 and ARB.P.804/2021 entitled Virgo Softech Ltd. v. National Institute of Electronics and Information Technology, submits that similar pleas raised by the respondent already stand rejected by the Coordinate Bench, which order was unsuccessfully assailed by the respondent before the Apex Court.
4. Learned counsel for the respondent is not in a position to deny that similar pleas raised in ARB.P.802/2021 and ARB.P.804/2021, were rejected by the Co-ordinate Bench.
5. Having perused the decision of the Coordinate Bench in Virgo Softech Ltd. (supra), I find that similar pleas as raised by the respondent in the present petitions, already stand rejected by the Coordinate Bench, by holding that in view of the specific provision in the addendum dated 11.01.2018 the petitioner would be entitled to invoke arbitration, it could not be said that there was no subsisting dispute between the parties.
6. In the light of the aforesaid, the present petitions deserve to be allowed, and are for the reasons stated in Virgo Softech Ltd. (supra), allowed and Justice Poonam A. Bamba, (Mobile No. 9910384678), a former Judge of this Court is accordingly with the consent of the parties appointed as the Sole Arbitrator for adjudication of disputes between the parties arising out of the agreement dated 05.01.2022. The fees of the learned Arbitrator will be governed as per Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.
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 16/09/2023 at 19:19:41
7. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.
8. A copy of this order be forwarded to the learned Arbitrator for information REKHA PALLI, J SEPTEMBER 14, 2023 kk 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 16/09/2023 at 19:19:41