Delhi High Court - Orders
Usha Anand vs Reliance Infratel Limited & Ors on 28 September, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 779/2022
USHA ANAND ..... Petitioner
Through: Mr. Inder Pahuja Par, Advocate.
[M:-7838446231, Enrol No.
D/3846/19]
versus
RELIANCE INFRATEL LIMITED & ORS. ..... Respondents
Through: Mr. Saket Singh, Ms. Manikya
Khanna & Mr. Prabhav Pachory,
Advocates for R-1 & R-3.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 28.09.2022
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate disputes arising between the petitioner and the respondent No. 1-Reliance Infratel Limited ["RIL"], under a License Agreement dated 31.10.2008 ["the Agreement"].
2. The licensors under the agreement were the husband of the petitioner, who has since passed away, and her son who, alongwith the other legal heirs, has also executed a relinquishment deed dated 22.11.2017 in the petitioner's favour. The petitioner thus claims to have succeeded as the licensor under the said agreement. The licensee under Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:29.09.2022 17:04:45 ARB.P. 779/2022 Page 1 of 4 the Agreement was a company by the name of RIL. The agreement is in respect of using a space on the terrace of the property in question [House No. F-14/42, Model Town II, Delhi-09] for installation of a mobile tower. Clause 37 of the Agreement contemplates resolution of disputes by arbitration. Delhi has been designated as the venue of the arbitration and Delhi Courts have been vested with jurisdiction over all disputes.
3. The petitioner claims that RIL has not been remitting the monthly license fee in terms of the Agreement since September 2017. Her son addressed a demand notice dated 06.11.2019 to RIL in this regard, followed up by reminder dated 18.11.2019. The petitioner, through counsel, also addressed a legal notice dated 16.02.2022 to RIL, invoking the arbitration clause contained in the Agreement.
4. The petitioner received a communication dated 24.03.2022 from the General Manager of RIL, on behalf of the Monitoring Committee. The communication reflects that the National Company Law Tribunal has approved a resolution plan in respect of RIL as part of the Corporate Resolution Insolvency Process and a Monitoring Committee has been constituted, which is required to oversee the management and affairs of the corporate debtors.
5. The petitioner addressed a further communication dated 27.04.2022 seeking further information, but the notice has failed to elicit a response. It is in these circumstances that the petitioner has approached this Court under Section 11 of Act.
6. Notice was issued to the Monitoring Committee of RIL by order of this Court dated 13.07.2022. Appearance was entered on the next date of hearing by RIL and the Monitoring Committee. It was stated that the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:29.09.2022 17:04:45 ARB.P. 779/2022 Page 2 of 4 Monitoring Committee remains in charge of the management of RIL at this time. Although the Monitoring Committee was directed to file an affidavit, no affidavit has been filed, and it is submitted that an arbitrator may be appointed to adjudicate the disputes between the petitioner and RIL under the Agreement.
7. Learned counsel for the parties state that in terms of the Resolution Plan approved by the National Company Law Tribunal vide order dated 03.12.2020, the respondent No. 2-Reliance Projects & Property Management Services Ltd. has been adjudged as the Successful Resolution Applicant ["SRA"]. However, the Resolution Plan contemplates the take over of RIL by the respondent No. 2 as a going concern. In these circumstances, learned counsel for the parties jointly submit that an arbitrator may be appointed to adjudicate disputes between the petitioner and RIL at this stage, and that they will seek impleadment of the respondent No. 2 before the learned arbitrator, if required.
8. At the request of learned counsel for the parties, the arbitration will be conducted under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi-110503 ["DIAC"].
9. In view of the aforesaid submissions, and with the consent of learned counsel for the parties, the petition is disposed of with the following directions:-
a. The disputes between the petitioner and RIL, arising out of the Agreement, are referred to arbitration. The arbitration will be conducted under the aegis of the DIAC. The DIAC is requested to nominate an arbitrator from its panel.
b. The learned arbitrator is requested to furnish a declaration in terms Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:29.09.2022 17:04:45 ARB.P. 779/2022 Page 3 of 4 of Section 12 of the Act, prior to entering upon the reference. c. In the event, the parties require impleadment of the respondent No. 2, being the SRA, they may seek appropriate directions from the learned arbitrator in this regard.
10. All rights and contentions of the parties on the maintainability of the claims is left open for adjudication by the learned arbitrator.
PRATEEK JALAN, J SEPTEMBER 28, 2022 'pv'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:29.09.2022 17:04:45 ARB.P. 779/2022 Page 4 of 4