Delhi High Court
Paharpur Cooling Towers Limited vs Elena Powe & Infrastructure ... on 31 January, 2020
$~A-34 & 38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 31.01.2020
+ ARB.P. 62/2020, I.A. 1124/2020
PAHARPUR COOLING TOWERS LIMITED ..... Petitioner
Through Mr. Rajiv Nayar, Sr. Advocate with
Mr. Siddhartha Datta, Ms. Ila Kapoor,
Ms. Ananya Aggarwal, Ms. Akriti
Kataria, Advocates.
versus
ELENA POWER & INFRASTRUUCTURE
LIMITED ..... Respondent
Through Mr. Jeevesh Nagrath, Mr. Kushagra
Pandit and Mr. Chandan Dutta,
Advocates.
+ O.M.P.(I) (COMM.) 339/2019, I.A. Nos. 14198/2019, 14199/2019,
17840/2019
PAHARPUR COOLING TOWERS LIMITED ..... Petitioner
Through Mr. Rajiv Nayar, Sr. Advocate with
Mr. Siddhartha Datta, Ms. Ila Kapoor,
Ms. Ananya Aggarwal, Ms. Akriti
Kataria, Advocates.
versus
ELENA POWE & INFRASTRUCTURE
LIMITED & ORS. ..... Respondents
Through Mr. Jeevesh Nagrath, Mr. Kushagra
Pandit and Mr. Chandan Dutta,
Advocates.
ARB.P. 62/2020 & co. matter Page 1 of 3
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
1. Mr. Nayar, learned senior counsel for the petitioner, on instructions,
submits that the petitioner has no objection to the appointment Mr. Justice
Manmohan Singh, former Judge of this court as a Sole Arbitrator, as
suggested by the respondent.
2. With the consent of the parties, Mr. Justice Manmohan Singh, former
Judge of this court is appointed as a Sole Arbitrator to adjudicate the
disputes between the parties.
3. The address and mobile number of the learned Arbitrator is as under:
Mr. Justice Manmohan Singh,
Former Judge of Delhi High Court,
AB-13, Pandara Road,
New Delhi-110003
Mobile: 9717495001
4. The learned Arbitrator shall give disclosure under Section 12 of the
Act before entering upon reference.
5. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.
6. The parties further agree that the present petition under Section 9 of
the Arbitration and Conciliation Act, 1996 would be treated as pleadings in
the application under Section 17 of the Act and all issues raised herein will
be decided by the Arbitrator as expeditiously as possible, after the
constitution of the Arbitral Tribunal.
7. Learned counsel for the respondent submits that all the issues raised
herein by the respondent including the preliminary issue of limitation, be
kept open for decision by the Arbitral Tribunal and counter-claim(s) be also
adjudicated by the same Arbitrator.
8. It is open to the parties to raise all issues raised herein including that
of limitation by the respondent, before the Tribunal. Counter claim(s), if
any, by the respondent will also be decided by the Tribunal.
9. Vide order dated 11.10.2019 this Court had granted status quo on the
invocation of the bank guarantees bearing No. 0006BGOO102210,
0006BGOO153510 and 0006BGOO162410 drawn on Respondent No.2 and
Bank Guarantee No. 014GT02102330002 drawn on Respondent No.3. The
status quo shall continue till the Arbitral Tribunal considers the application
under Section 17 of the Act.
10. The petitioner will keep the bank guarantees alive, till further orders
by the Arbitral Tribunal on this aspect. The Arbitral Tribunal is at liberty to
vary, continue or vacate the interim order after considering the application
under Section 17 of the Act.
11. The petitions are disposed of along with the pending applications in
the aforesaid terms.
JYOTI SINGH, J
JANUARY 31, 2020
yo/
