Delhi High Court - Orders
Prime Interglobe Private Limited vs Super Milk Products Private Limited on 27 July, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 608/2022
PRIME INTERGLOBE PRIVATE LIMITED ..... Petitioner
Through: Mr.Vivek Joshi, Mr. Rohan
Gulati, Advocates.
versus
SUPER MILK PRODUCTS PRIVATE LIMITED ..... Respondent
Through: Mr. Aseem Chaturvedi,
Mr. Shivank Diddi, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 27.07.2022
1. A request for an adjournment is made on the ground that the counsel for the petitioner-Mr. Suvigya Awasthi, has suffered a bereavement in his family.
2. The respondent has filed I.A. 11713/2022 for waiver of costs imposed upon it by the order dated 18.07.2022. The hearing of the application will also be taken up on the next date of hearing. However, the respondent is directed, at this stage, to place the reply on record without prejudice to the rights and contentions of the parties in the said application.
3. The submission of Mr. Aseem Chaturvedi, learned counsel for the respondent is that, the petition under Section 11 of the Arbitration and Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.07.2022 13:42:27 ARB.P. 608/2022 Page 1 of 2 Conciliation Act, 1996, is not maintainable as the petitioner did not place the alleged claims asserted herein by way of counter claims in ongoing arbitration proceedings between the parties at the relevant time.
4. Both the parties are at liberty to file written submissions on this point alongwith copies of any authorities upon which they wish to rely. The same may be done within two weeks.
5. List on 02.11.2022.
PRATEEK JALAN, J JULY 27, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.07.2022 13:42:27 ARB.P. 608/2022 Page 2 of 2