Allahabad High Court
Raster Images Pvt. Ltd. Tamilnadu ... vs State Of U.P. Through D.G. Medical & ... on 31 January, 2020
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- ARBITRATION APPLICATION No. - 10 of 2020 Applicant :- Raster Images Pvt. Ltd. Tamilnadu Through Auth. Signatory Opposite Party :- State Of U.P. Through D.G. Medical & Health Service & Anr. Counsel for Applicant :- Ritesh Kalia,Abhishek Khare Hon'ble Jaspreet Singh,J.
Learned counsel for the petitioner has preferred this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996. It has been averred that an agreement was entered between Pawan Shree International Pvt. Ltd. and the respondents dated 13.01.2019. The aforesaid agreement contains a dispute resolution mechanism in Clause-28. It has also been averred that in furtherance of the aforesaid clause, the present petitioner, who is a part of the consortium invoked the conciliation mechanism by means of the letter dated 18.09.2019. Since, the same remained unresolved, therefore, the petitioner again invoked the arbitration clause by means of his notice dated 21.10.2019.
The petitioner is a consortium partner of the special purpose vehicle (hereinafter referred to as "SPV") Pawan Shree International Pvt. Ltd. It is the case of the petitioner that there is a dispute amongst the consortium members inasmuch as certain specific jobs were assigned to each consortium members, however, the same has been usurped by the lead member to detriment of the other members.
Prima-facie, it appears that the dispute is between the consortium members inter-se and not so between the SPV and the respondents.
A specific query was put to the learned counsel for the petitioner to explain the aforesaid position for which he seeks time.
Accordingly, put up this matter on 12.02.2020. In the meantime, learned counsel for the petitioner shall also bring on record the agreement entered between the consortium members for creating the SPV as well as the tender documents by which SPV i.e. Pawan Shree International Pvt. Ltd., was granted the tender. The aforesaid documents shall be filed by means of a supplementary affidavit prior to the next date as fixed by this Court.
Order Date :- 31.1.2020 Rakesh/-