[2023:RJ-JP:27396]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 12/2023
M/s Magenta Power Private Limited, Through Its Authorized
Representative, Mr. Malcom, Freddy Baretto, Having Office At
102, Alpha Garden, Plot 26, Behind Reliance Foundation School,
Sector 14, Kopar Khairane, Navi Mumbai 400709, Maharashtra,
India.
----Petitioner
Versus
M/s Rajasthan Electronics And Instrument Limited (Reil),
Through Its Dy. Gen. Manager (Np-Ev Projects), Reil House,
Shipra Path, Man Sarovar, Jaipur, 302020, Rajasthan, India.
----Respondent
Connected With S.B. Arbitration Application No. 13/2023 M/s Magenta Power Private Limited, Through Its Authorized Representative, Mr. Malcom, Freddy Baretto, Having Office At 102, Alpha Garden, Plot 26, Behind Reliance Foundation School, Sector 14, Kopar Khairane, Navi Mumbai 400709, Maharashtra, India.
----Petitioner Versus M/s Rajasthan Electronics And Instrument Limited (Reil), Through Its Dy. Gen. Manager (Np-Ev Projects), Reil House, Shipra Path, Man Sarovar, Jaipur, 302020, Rajasthan, India.
----Respondent S.B. Arbitration Application No. 14/2023 M/s Magenta Power Private Limited, Through Its Authorized Representative, Mr. Malcom, Freddy Baretto, Having Office At 102, Alpha Garden, Plot 26, Behind Reliance Foundation School, Sector 14, Kopar Khairane, Navi Mumbai 400709, Maharashtra, India.
----Petitioner Versus M/s Rajasthan Electronics And Instrument Limited (Reil), Through Its Dy. Gen. Manager (Np-Ev Projects), Reil House, Shipra Path, Man Sarovar, Jaipur, 302020, Rajasthan, India. (Downloaded on 11/11/2023 at 08:34:17 PM) [2023:RJ-JP:27396] (2 of 3) [ARBAP-12/2023]
----Respondent For Petitioner(s) : Mr. Sangram Singh R. Bhonsle with Mr. Pushkara A. Bhonsle Mr. Mahesh A. Jadhav & Mr. Tarun Agarwal For Respondent(s) : Mr. Kapil Sharma HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH Order 06/10/2023 (ORAL)
1. This application under section 11 of the Arbitration & Conciliation Act, 1996 (for short 'the Act of 1996') has been preferred seeking reference of the dispute between the applicant and the respondent to the Sole Arbitrator.
2. With the consent of the parties, all three above referred arbitration applications are being disposed of by a common order as it is admitted that the terms and conditions of the agreement are identical except that there are three different agreements entered into between the parties.
3. Although they are arising out of the single tender which has been floated by the respondent i.e. three different works have been assigned for which different agreements have been entered into i.e. the scope was the one which has been segregated in different parts. Notice under section 21 of the Act of 1996 was served upon the respondent on 16.01.2023, which factum is not disputed. However, the stand of the counsel for the respondent is that there should have been three separate notices, whereas only one consolidated notice has been served. He however, could not (Downloaded on 11/11/2023 at 08:34:17 PM) [2023:RJ-JP:27396] (3 of 3) [ARBAP-12/2023] dispute the fact that the intent on the part of the applicant was for invoking the arbitration clause as provided for in all the three agreements which is identical.
4. Having considered the submissions which have been made by the counsel for the parties and in the light of the judgment of the Hon'ble Supreme Court in Duro Felguera S.A. versus Gangararam Port Limited-(2017) 9 Supreme Court Cases 729, wherein it has been held that there has to be different arbitration proceedings for separate agreements which have been entered into between the parties, therefore, all the three above referred applications are allowed.
5. In the light of the above, the prayer made in these applications is accepted and Hon'ble Mrs. Justice Sabina, Acting Chief Justice (Retd.), R/o House No.1842, Sector 34-D, Chandigarh is appointed to act as an Arbitrator in the matters for resolving the disputes between the parties. The Arbitrator shall decide all issues without prejudice to the rights and contentions raised in the present applications and in the reply. The arbitration fee shall be in accordance with Fourth Schedule of the Act of 1996.
6. Registry is directed to intimate Hon'ble Mrs. Justice Sabina, Acting Chief Justice (Retd.) of her appointment as Arbitrator.
7. The arbitration applications accordingly stand disposed of.
(AUGUSTINE GEORGE MASIH),CJ NAVAL KISHOR /16-18 (Downloaded on 11/11/2023 at 08:34:17 PM) Powered by TCPDF (www.tcpdf.org)