Delhi High Court
Quippo Consturction Equipment ... vs Janardan Nirman Pvt Ltd. on 14 October, 2019
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment : 14th October, 2019
+ FAO(OS) 245/2017
QUIPPO CONSTURCTION EQUIPMENT LTD .....Appellant
Through: Mr.Akshat Hansaria, Mr.Tushar
Bhatnagar, Ms.Etisha Srivastav and
Mr.Yash Kumar, Advts.
versus
JANARDAN NIRMAN PVT LTD. ..... Respondent
Through: Mr.Surya Prakash, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
G.S. SISTANI, J. (ORAL)
CM APPL. 32384/2017 (delay)
1. This is an application filed by the appellant/applicant seeking
condonation of delay of 100 days in filing the present appeal.
2. Learned counsel for the respondent has vehemently opposed the prayer
made in the application and submits that should the application be
allowed, the appellant must be burdened with costs.
3. Accordingly, the prayer made in the application is allowed and delay of
100 days in filing the appeal is condoned subject to payment of cost of
Rs.15,000/- to be deposited with the Delhi High Court Middle Income
Group Legal Aid Society.
4. The application stands disposed of.
FAO(OS) 245/2017
5. The appellant is aggrieved by an order dated 06.01.2017 passed by the
learned Single Judge of this Court on an application being OMP (I)
No.449/2015 filed by the appellant under Section 9 of the Arbitration
and Conciliation Act, 1996 (the Act) seeking interim relief post passing
of an ex-parte award against the respondent. Learned counsel for the
appellant submits that in case the interim protection is not granted, there
is every likelihood that the respondent will dispose of all its assets to
defeat the terms of the award decree which is in the sum of
Rs.78,78,533/- alongwith interest thereon.
6. Learned counsel for the respondent submits that the ex-parte award was
challenged before the District Judge, Alipore Court, West Bengal. An
objection with regard to territorial jurisdiction was raised by the
appellant, which was allowed, only to be set aside by the High Court.
A Special Leave Petition has been filed in the said matter wherein
judgment has been reserved. Learned counsel for the respondent
further submits that should it be decided in the proceedings before the
Supreme Court that the Courts in Delhi do not have territorial
jurisdiction, then a petition under Section 9 of the Act would not lie in
Delhi.
7. We have heard learned counsel for the parties.
8. Learned Single Judge has dismissed the petition filed under Section 9 of
the Act primarily on the ground that as per the agreement between the
parties, an arbitrator was to be appointed by the Construction Industry
Arbitration Council, New Delhi; and that one Mr. L. C. Jain was
appointed as the Sole Arbitrator by the appellant herein. The Single
Judge was persuaded not to grant interim relief having taken into
account that the respondent had not participated in the appointment of
the Arbitrator and it appeared that the appointment was unilateral and
without the consent of the respondent. Para 4 of the order passed by the
Single Judge reads as under:
"4. Learned counsel for the Petitioner drew the attention of the
Court to the arbitration clause in the agreement between the
parties which required the Arbitrator to be appointed by
Construction Industry Arbitration Council, New Delhi. It is seen
that one Mr. L.C. Jain was appointed as a sole Arbitrator. There
is nothing to show that the Respondent participated in the
appointment of Mr. L.C. Jain. For all practical purposes, it
appears that the appointment was unilateral and without the
consent of the Respondent."
9. We find no infirmity in the view taken by the Single Judge; more so, we
find that as of now there is no clarity as to whether the Courts in Delhi
would have jurisdiction over the matter or not. Accordingly, we find no
grounds to entertain this petition at this stage. In case there is any
change in the circumstances, the appellant would be at liberty to seek
such remedy as available, in accordance with law
10. The appeal stands disposed of.
G.S. SISTANI, J
ANUP JAIRAM BHAMBHANI, J
OCTOBER 14, 2019
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