Delhi High Court - Orders
Morani Motors Pvt. Ltd vs Hero Motorcorp Limited on 11 February, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~17 (2022)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 72/2022
MORANI MOTORS PVT. LTD. ..... Petitioner
Through: Mr Sandeep Chilana, Advocate.
versus
HERO MOTORCORP LIMITED ..... Respondent
Through: Mr Rahul Malhotra, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 11.02.2022 [Hearing Held Through Videoconferencing]
1. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning an arbitral award dated 29.06.2021 passed by the Arbitral Tribunal comprising of a Sole Arbitrator. The award was rendered prior to completion of the arbitral proceedings.
2. The procedural order dated 19.06.2021 passed by the Arbitrator indicates that the Arbitral Tribunal had listed the matter for hearing and other proceedings. However, without completing the proceedings, the Arbitral Tribunal has rendered the award presumably because the Arbitral Tribunal was of the view that the time period for making the award was expiring. Clearly, the impugned award cannot be sustained. Neither of the parties have had the full opportunity to participate in the proceedings.
3. Mr Malhotra, learned counsel appearing for respondent, fairly states that the petition may be allowed and the impugned award may be set aside.
4. The learned counsel for the parties also request that an arbitrator may Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:15.02.2022 be appointed by this Court to adjudicate the subject disputes that have arisen between the parties.
5. Article 26 of the Dealership Agreement embodies the Arbitration Clause, which reads as under:
"ARTICLE-XXVI Arbitration All disputes, controversies or differences arising out of or in relation to or in connection with this Agreement or any breach hereof, including interpretation hereof, shall be referred for arbitration to the PHD Chamber of Commerce & Industry whose decision shall be final and binding upon the parties hereto."
6. The learned counsel for the parties state that the parties have reservation regarding the arbitration being conducted under the PHD Chamber of Commerce & Industry. They request for some time to place on record the memo setting out their Agreement in writing that all disputes and differences arising in connection with the Dealership Agreement be adjudicated by an Arbitral Tribunal comprising of a Sole Arbitrator in accordance with the provisions of the A&C Act.
7. At their request, list on 25.02.2022.
VIBHU BAKHRU, J
FEBRUARY 11, 2022
RK Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:15.02.2022