Delhi High Court
Steel Authority Of India & Ltd vs Cement Corportion Of India & Ltd on 21 February, 2017
$~37.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6228/2013
STEEL AUTHORITY OF INDIA & LTD. ..... Petitioner
Through: Dr. Ashwani Bhardwaj, Advocate with
Mr. Ashwani Bhalla, AGM (Legal).
versus
CEMENT CORPORTION OF INDIA & LTD. ..... Respondent
Through: Mr. Jainendra Maldahiyar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 21.02.2017
1. The present petition has been filed by the petitioner praying inter alia
for quashing the award dated 17.04.2013 made by the Joint Secretary and
Arbitrator, Permanent Machinery of Arbitration, Department of Public
Enterprise, New Delhi whereunder a part of the claims filed by the petitioner
against the respondent, have been allowed.
2. On 31.1.2017, Dr. Bhardwaj, learned counsel for the petitioner had
drawn the attention of the court to a recent decision of the Supreme Court in
the case of M/s Northern Coalfield Ltd. vs. Heavy Engineering Corp. Ltd. &
Anr. reported as 2016 (6) SCALE 820, wherein it has been held that if an
award passed under the Permanent Machinery for Arbitration for Settlement
of Disputes between Statutory Corporations is not acceptable by either side,
then the parties ought to be relegated either to arbitration or an appropriate
civil forum for settlement of their disputes. He had stated that the petitioner
is unwilling to accept the impugned award and therefore this court may
appoint an Arbitrator to adjudicate afresh, the claims raised by the petitioner.
As none was present on behalf of the respondent on the said date, the matter
was adjourned.
3. Subsequently, counsel for the respondent had appeared and sought
time to obtain instructions from his clients as to whether they wish to opt for
arbitration as an alternate mode of settling their disputes with the petitioner.
4. Today, learned counsel for the respondent states on instructions that
his clients are ready and willing to submit themselves to arbitration and this
court may appoint an independent arbitrator to adjudicate the claims raised
by the petitioner.
5. Accordingly, with the consent of the parties, the impugned Award
dated 17.04.2013 is quashed and set aside. Justice Vijender Jain (Retd. Chief
Justice, Punjab & Haryana High Court), is appointed as a Sole Arbitrator to
adjudicate upon the disputes raised by the petitioner against the respondent,
subject matter of the impugned award. The learned Sole Arbitrator is
requested to commence the arbitration proceedings from the point of
completion of the pleadings qua the claim petition filed by the petitioner.
The parties shall appear before the learned Sole Arbitrator on 17.03.2017 at
3:30 PM, for taking further steps.
6. The petition is disposed of.
7. A copy of this order be forwarded forthwith by the Registry to the
learned Sole Arbitrator for information.
DASTI to the parties.
HIMA KOHLI, J
FEBRUARY 21, 2017
rkb/ap
