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Delhi High Court - Orders

Virgo Softech Ltd vs National Institute Of Electronics And ... on 22 April, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~6
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     ARB.P. 802/2021
                                VIRGO SOFTECH LTD                                       ..... Petitioner
                                                   Through:     Mr. Akhil Sachar, Ms. Sunanda
                                                                Tulsyan & Mr. Sangram Singh,
                                                                Advocates.

                                                   versus

                                NATIONAL INSTITUTE OF ELECTRONICS AND
                                INFORMATION TECHNOLOGY                               ..... Respondents
                                                   Through:     Ms. Bharathi Raju, Senior Panel
                                                                Counsel.

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                   ORDER

% 22.04.2022 Ms. Bharti Raju, learned counsel appearing for the respondent, submits that though reply has been filed, it is not on record since it was filed yesterday i.e. 21.04.2022. Copy has been supplied to Mr. Akhil Sachar, learned counsel for the petitioner.

2. Ms. Raju submits that the respondents are opposing appointment of an arbitrator on two principal grounds, namely :

i) The lack of territorial jurisdiction in this court over arbitral proceedings; and
ii) The petitioner's remedy being time-barred.

3. Mr. Sachar refutes the submissions on both counts.

Signature Not Verified Digitally Signed ARB.P. 802/2021 Page 1 of 2 By:SUNITA RAWAT Signing Date:26.04.2022 14:50:17

4. By way of a last opportunity, the respondents are permitted to have the reply filed/placed on record positively within a week, failing which the reply will only be taken on record subject to payment of costs of Rs.25,000/- to the Delhi High Court Legal Services Committee.

5. Let rejoinder, if any, be filed before the next date, with copy to the opposing counsel.

6. Re-notify on 14th July 2022.

ANUP JAIRAM BHAMBHANI, J.

APRIL 22, 2022 uj Signature Not Verified Digitally Signed ARB.P. 802/2021 Page 2 of 2 By:SUNITA RAWAT Signing Date:26.04.2022 14:50:17