Delhi High Court
All India Radio vs M/S Electonic Enterprises & Ors on 18 February, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 18th February, 2019.
+ FAO(OS) 36/2019
ALL INDIA RADIO ..... Appellant
Through: Ms. Madhusmita Bora, Adv.
versus
M/S ELECTONIC ENTERPRISES & ORS ..... Respondents
Through:
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
V. KAMESWAR RAO, J. (ORAL)
CM. No. 7677/2019 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
FAO(OS) 36/2019
1. The challenge in this appeal is to the order dated January 7, 2019
passed by the learned Single Judge in IA 38/2019 which is an application for
modification of orders dated October 22, 2018 and November 14, 2018,
which read as under:
"Order dated October 22, 2018
"5. Learned counsel for the Respondent/UOI submits that
the All India Radio is a relevant party and ought to be
impleaded in the present case, and that the Respondent is
moving an application to the said effect. 6. Since the
equipment allegedly supplied by the Petitioner was supplied
to All India Radio, it is directed that a senior official of All
India Radio and Mr. Sinha shall appear before the learned
Arbitrator on the next date i.e. on 5th November, 2018 at
2:00 pm."
Order dated November 14, 2018
"Mr. V.P. Yadav, Deputy Director General (Purchase), All
India Radio has entered appearance pursuant to the order
passed yesterday. The copy of the application for
impleadment of All India Radio (AIR) has been perused by
the Court. The application for impleadment has been moved
on the grounds that AIR was the indentor of the supplies
made by the Plaintiff vide tender enquiry
No.EI/7/210/0099/21-l-88/87Cell066/COAD/1214. He
assures the Court that the AIR will appear before the learned
Arbitrator-Justice S.P. Garg, who was appointed by this
Court on 25th July, 2018."
2. The stand of the appellant All India Radio in IA 38/2019 was, it is
neither a necessary nor a proper party. It was the case that the procurement
of the equipments was done by DGS&D, which has since merged with the
Ministry of Commerce. It was the case that it had not purchased the
equipments, but was the beneficiary.
3. As the DGS&D was dealing with the purchase of the materials with
regard to Government Departments and has since merged with Ministry of
Commerce, an application was filed for impleadment of All India Radio. The
learned Single Judge, after noting the orders passed by her from time to time,
has in Para 5 stated as under:
"5. The official from AIR in fact assured the Court that it
would appear before the Ld. Arbitrator. The dispute being
raised as to which department of the Government ought to
represent the UOI is not for this Court to decide. It is upto
the Government to decide as to which of the different
departments is the contesting party in the arbitration
proceedings. The stand of AIR may be placed by AIR before
the learned Arbitrator, if deemed appropriate. Learned
Arbitrator to rule comprehensively on the issues raised
including as to which of the parties on behalf of the
Government is the correct department. AIR is directed to
make its submissions before the learned Arbitrator. Learned
counsel for the AIR submits that they do not have any
documents relating to the arbitration. If that is so, AIR is
directed to obtain all the relevant documents from the
Ministry of Commerce."
4. We have been informed that after January 7, 2019, learned Arbitrator
has passed an order rejecting the request of the All India Radio, for deletion.
If that be so, the present appeal per se is not maintainable as subsequent to
the impugned order, the leaned Arbitrator has applied his mind and passed
the order rejecting the request of the All India Radio. The said order of the
learned Arbitrator is not a subject matter of the Appeal. Accordingly, the
appeal is dismissed.
CM. No. 7676/2019 (for Stay)
Dismissed as infructuous.
V. KAMESWAR RAO, J
CHIEF JUSTICE
FEBRUARY 18, 2019/jg
