Delhi High Court
Smt.Shabana Azmi vs M/S National Fertilizers Limited ... on 7 December, 2021
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.12.2021
+ FAO 271/2021 & CM. APPL. 43968-69/2021
SMT.SHABANA AZMI ..... Appellant
versus
M/S NATIONAL FERTILIZERS LIMITED & ANR...... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. C.M. Grover, Advocate (Through VC)
For the Respondent: None
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns order dated 14.12.2018, whereby appellant
has been referred under Section 8 of the Arbitration and Conciliation
Act, 1996, to arbitration.
2. Appellant had submitted a bid pursuant to a Notice Inviting
Tender by respondent No.2. The bid was submitted online.
3. Appellant contends that there was dispute with regard to the
quality of the material and the rates at which the material was offered.
Accordingly, the appellant filed a suit for recovery.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:07.12.2021
Signing Date:08.12.2021 11:34:04 23:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Applications under Section 8 of the Arbitration and
Conciliation Act, 1996 were filed by both respondent No.1 and No. 2
contending that there was an arbitration agreement between the parties
and as such, the appellant was required to approach the arbitral
Tribunal and not file a civil suit.
5. The Trial Court has allowed the applications by the impugned
order dated 14.12.2018 and referred the Appellant to Arbitration.
6. Learned counsel submits that the auction was an e-Auction and
appellant was not made aware of any arbitration clause and even the
bid submission page did not contain an arbitration clause.
7. Appellant had submitted a bid pursuant to an auction notice
with the bid opening date as 13.10.2014. Subject auction notice
comprises of 13 pages and is numbered as 1 of 13 to 13 of 13. The
arbitration clause exists at page 12 of 13 in the form of clause No. 32.
8. When the auction notice, pursuant to which the bid is
submitted, contains an arbitration clause, the contention of the
Appellant that the bid submission page, on the web portal, did not
specifically contain the Arbitration clause cannot be accepted.
9. Parties were made aware of the terms and conditions of the
tender in the auction Notice. Once appellant was made aware of the
tender conditions by the auction notice, mere absence of reiteration of
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:07.12.2021
Signing Date:08.12.2021 11:34:04 23:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
the terms and conditions on the web portal would make no difference
or make the terms and conditions inapplicable.
10. When appellant approached a civil court by the subject Suit,
Respondents at the first instance filed an application under Section 8
of the Arbitration and Conciliation Act, 1996, seeking reference to
arbitration.
11. In the facts of the case, trial court has correctly referred the
parties to arbitration and directed the appellant to approach the
Arbitrator for adjudication of his disputes.
12. In view of the above, I find no infirmity in the impugned order.
The appeal is accordingly dismissed.
SANJEEV SACHDEVA, J
DECEMBER 7, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:07.12.2021
Signing Date:08.12.2021 11:34:04 23:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
