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Delhi High Court - Orders

Rugby Renergy Private Limited vs Shri Narendra Bansal on 26 August, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~23 and 24
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P. (COMM) 354/2022

                                 RUGBY RENERGY PRIVATE LIMITED           ..... Petitioner
                                             Through: Ms. Simran Mehta, Advocate
                                                      (Enrolment    ID.    D/741/2001,
                                                      Mobile No. 9891137150).

                                                                versus

                                 SHRI NARENDRA BANSAL                 ..... Respondent
                                             Through: Mr. Amandeep Singh (Enrolment
                                                      ID. D/2377-A/06, Mobile No.
                                                      989979773).
                          24.
                          +      O.M.P. (COMM) 355/2022

                              RUGBY RENERGY PRIVATE LIMITED                  ..... Petitioner
                                            Through: Ms. Simran Mehta, Advocate
                                                        (Enrolment    ID.      D/741/2001,
                                                        Mobile No. 9891137150).
                                                    versus
                              INTEX TECHNOLOGIES (INDIA) LIMITED          ..... Respondent
                                            Through: Mr. Amandeep Singh (Enrolment
                                                        ID. D/2377-A/06, Mobile No.
                                                        989979773).
                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN
                                            ORDER

% 26.08.2022 I.A. 13463/2022 (for exemption) in O.M.P. (COMM) 354/2022 I.A. 13467/2022 (for exemption) in O.M.P. (COMM) 355/2022 Exemptions allowed, subject to all just exceptions. These applications stand disposed of.

Signature Not Verified Digitally signed O.M.P. (COMM) 354/2022 & O.M.P. (COMM) 355/2022 Page 1 of 3 By:SHITU NAGPAL Signing Date:26.08.2022 19:45:40

O.M.P. (COMM) 354/2022 & I.A. 13464/2022 (for stay) O.M.P. (COMM) 355/2022 & I.A. 13468/2022 (for stay)

1. These petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"] are directed against a final award dated 02.06.2022, rendered by a Sole Arbitrator, by which the arbitral proceedings between the parties arising out of agreements dated 07.05.2019 [agreement with M/s Intex Technologies (India) Pvt Ltd.] and 09.05.2019 [agreement with Mr. Narendra Bansal] have been disposed of.

2. During the course of proceedings, the learned Arbitrator rendered an interim award/order dated 01.09.2021, by which all the claims of the petitioner herein were dismissed, and some of the counter-claims of the respondents herein were rejected under Section 16 of the Act. Against the said interim award/order dated 01.09.2021, the petitioner has filed O.M.P.(COMM) 320/2021 and O.M.P.(COMM) 321/2021 [under Section 34 of the Act], and the respondents have filed ARB.A. 6/2022 and ARB.A.(COMM.) 19/2022 [under Section 37 of the Act]. The Arbitrator thereafter passed an interim order dated 21.05.2022, under Section 17 of the Act, which has been challenged by the petitioner herein under Section 37 of the Act [ARB.A.(COMM) 45/2022 and ARB.A.(COMM) 46/2022].

3. By orders dated 09.05.2022 [in ARB.A. 6/2022 and ARB.A.(COMM.) 19/2022] and 26.07.2022 [in ARB.A.(COMM) 45/2022 and ARB.A.(COMM) 46/2022], it has been directed that these appeals would be heard alongwith O.M.P.(COMM) 320/2021 and O.M.P.(COMM) 321/2021 on 02.09.2022 before the same Bench. As the present petitions also arise out of the very same arbitral proceedings, Signature Not Verified Digitally signed O.M.P. (COMM) 354/2022 & O.M.P. (COMM) 355/2022 Page 2 of 3 By:SHITU NAGPAL Signing Date:26.08.2022 19:45:40 learned counsel for the parties submit that these petitions may also be listed alongwith O.M.P.(COMM) 320/2021 and O.M.P.(COMM) 321/2021 on 02.09.2022.

4. As these proceedings were listed before different Benches, the Registry is directed to place the matter before Hon'ble the Judge-in- Charge (Original Side) for nomination of a Bench before which all the eight matters can be listed.

5. In the meanwhile, the parties may file their short written submissions, not exceeding five pages each, in these petitions. In order to facilitate the hearing of all the connected cases, the parties are also directed to file a common convenience compilation, which may be filed in O.M.P.(COMM) 320/2021.

PRATEEK JALAN, J AUGUST 26, 2022 'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed O.M.P. (COMM) 354/2022 & O.M.P. (COMM) 355/2022 Page 3 of 3 By:SHITU NAGPAL Signing Date:26.08.2022 19:45:40