Delhi High Court - Orders
M/S. United India Insurance Company Ltd vs Union Of India on 6 February, 2019
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 1263/2019
M/S. UNITED INDIA INSURANCE
COMPANY LTD. ..... Petitioner
Through: Mr.Amit Kr. Singh, Advocate.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Jagjit Singh and Mr. Preet Singh,
Advocates for Railways.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 06.02.2019 CM APPL. No. 5677/2019(for exemption) Allowed, subject to just exceptions.
Application stands disposed of.
W.P.(C) No. 1263/2019 & CM APPL.No. 5676/2019 (for interim relief) The petitioner seeks setting-aside of purported appellate award dated 11.09.2018 made by the Additional Secretary & Appellate Authority in the Ministry of Law & Justice under the Permanent Machinery of Arbitration (PMA) in an appeal arising from purported arbitral award dated 25.06.2014 made by the Joint Secretary & Sole Arbitrator under the PMA in a dispute between the petitioner and the respondent/Ministry of Railways.
It is the petitioner's contention that the PMA is ineffective, invalid and cannot be a substitute to the remedies available to the petitioner under law inter alia for the reason that the purported appellate award made under the PMA is, under the terms of the PMA itself, not amenable to the appellate remedies otherwise available to the petitioner under the Arbitration & Conciliation Act, 1996.
Issue notice.
Mr. Jagjit Singh, learned Senior Standing Counsel for respondent/Ministry of Railways appears on advance copy ; accepts notice ; and seeks time to file counter affidavit in the matter.
Let counter affidavit be filed within four weeks; rejoinder thereto, if any, be filed within two weeks of receiving the counter affidavit.
List on 21.05.2019.
ANUP JAIRAM BHAMBHANI, J.
FEBRUARY 06, 2019 Pallavi