Delhi High Court - Orders
Ntpc Ltd vs Tecpro Systems Ltd on 12 October, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB. A. (COMM.) 58/2021
NTPC LTD ..... Petitioner
Through Mr Sanjay Jain, ASG with Mr Sanjoy
Ghose, Sr, Adv. with Mr Naman Jain,
and Mr Arkaj Kumar, Advs.
versus
TECPRO SYSTEMS LTD ..... Respondent
Through Sh. Sacchin Puri, Sr. Adv. with Mr.
A.V.S. Subramanyam, Ms. Mehak
Tanwar, Ms. Jasvin Dhama and Ms.
Shweta Arora, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 12.10.2021 [Hearing Held Through Videoconferencing] I.A. 13471/2021, 13472/2021, 13473/2021 & 13474/2021
1. The exemptions are allowed, subject to all just exceptions. ARB. A. (COMM.) 58/2021
2. Issue notice.
3. Mr. Subramanyam, learned counsel appearing for the respondent accepts notice.
4. The petitioner has filed the present petition under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act'), inter alia, impugning the orders dated 14.09.2021 and 29.09.2021 passed by the Arbitral Tribunal.
Signature Not Verified Digitally Signed By:DUSHYANT RAWAL5. One of the directions impugned by the petitioner is regarding the joint measurement of work executed at the project site and the respondent's inventory lying at site. Mr. Jain, learned ASG submits that the said directions are not in aid of the claims made by the respondent as the claims have been quantified. He also submits that status quo orders regarding a public project cannot be issued without the claimant depositing a substantial amount to cover the loss that may ensue.
6. Mr. Puri, learned senior counsel appearing for the respondent, seeks time to file a reply. He states that the respondent will demonstrate that the joint measurements are necessary and in aid of resolutions of the disputes pending before the Arbitral Tribunal. He further states that in any event, the exercise for measurement of work done and the inventory lying at site has already begun and would be completed within a period of seven days from today.
7. Let the reply be filed within a period of one week from today. Rejoinder, if any, be filed within a period of one week thereafter.
8. The exercise of joint measurements and recording of inventory shall continue and be completed within a period of ten days from today. It is clarified that all rights and contentions of the parties in this regard are reserved.
9. Mr. Jain, learned ASG, further submits that it would invite the other contractors to mobilise their resources without in any manner interfering with the joint exercise that is being conducted. He further, states that the said contractors would also be informed that the mobilization is subject to the orders passed by the Arbitral Tribunal and would also be subject to any further orders that may be passed by this Court or the Arbitral Tribunal. The Signature Not Verified Digitally Signed By:DUSHYANT RAWAL said contention is noted.
10. List on 26.10.2021.
VIBHU BAKHRU, J OCTOBER 12, 2021 'gsr' Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DUSHYANT RAWAL