Delhi High Court
Shri. Dharmender Verma vs Taken Das Chabbra on 6 April, 2022
$~2, 32 & 34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.04.2022
+ ARB.P. 954/2021 & I.A. 2251/2022 & 5414/2022
SHRI. DHARMENDER VERMA ..... Petitioner
versus
TAKEN DAS CHABBRA ..... Respondent
+ ARB.P. 182/2022
TAKEN DAS CHHABRA & ANR. ..... Petitioners
versus
DHARMENDER VERMA & ORS. ..... Respondents
+ O.M.P.(I) (COMM.) 377/2020 & I.A. 5403/2022, 5415-16/2022
TAKEN DAS CHABBRA & ANR. ..... Petitioners
versus
DHARMENDER VERMA & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Rajiv Talwar, Mr. Amulya Dhingra and Mr. Diwakar
Singh, Advocates for petitioner in Arb.P.182/2022 & OMP
(I)(COMM) 377/2020 and respondent in Arb.P.954/2021.
For the Respondent: Mr. Nitin Mittal, Advocate for petitioner in Arb.P.954/2021
and for respondent in Arb.P.182/2022 & OMP (I) (COMM.)
377/2020.
Signature Not Verified
Arb.P.954/2021 & connected matters Digitally Signed 1
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.04.2022
Signing Date:07.04.2022 11:43:14 20:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Arbitration Petition No.954/2021 has been filed by Sh.
Dharmender Verma seeking reference of the disputes with Mr. Taken
Das Chhabra both of whom are partners of a partnership firm named
Envirozone Instruments & Equipments. Reference of disputes to
arbitration is sought in terms of the Deed of Partnership dated
01.04.2017.
2. Arbitration petition No.182/2022 is filed by Mr. Taken Das
Chhabra seeking reference of disputes emanating from the same
partnership deed. Even though said petitioner has impleaded certain
third parties to the petition who are not party to the partnership deed,
learned counsel for the petitioner submits that he is restricting his
relief to reference of disputes to the Arbitral Tribunal qua the partners
only.
3. He submits that other parties were impleaded on account of the
fact that there is some breach by the respondent No.1 of the
partnership deed and diversion of business to third parties. He
however, submits that he reserves the right to file appropriate
proceedings against the third parties and to raise the claim before the
Arbitral Tribunal of damages for the alleged breach by respondent
No.1 and accordingly restricts his prayer to reference of disputes only
Signature Not Verified
Arb.P.954/2021 & connected matters Digitally Signed 2
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.04.2022
Signing Date:07.04.2022 11:43:14 20:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
qua respondent No.1 to the arbitral tribunal.
4. OMP (I) (COMM) 377/2020 was filed by Taken Das Chhabra
against the respondents.
5. On 24.11.2020, in OMP (I) (COMM) 377/2020, a statement
was made by the counsels for Taken Das Chhabra and Dharmender
Verma that they shall not individually do business with Central
Pollution Control Board and the business shall be carried out in the
name of the Partnership.
6. The contention on behalf of Mr. Taken Das Chhabra is that
there is a breach by Mr. Dharmender Verma of the said statement
given to Court and as per his information Dharmender Verma has
carried out business with CPCB through third parties inter-alia a
private limited company in which he is a majority shareholder thereby
causing loss to Taken Das Chhabra.
7. This is disputed by learned counsel appearing for Mr.
Dharmender Verma who submits that the order dated 24.11.2020 has
been strictly complied with.
8. Learned counsel for Taken Das Chhabra submits that he
reserves the right of Taken Das Chhabra to additionally raise a claim
before the Arbitral Tribunal inter-alia for damages and compensation
for breach of the undertaking given to the Court.
9. Learned counsel for the parties pray that without prejudice to
the rights and contentions of the parties the Arbitral Tribunal be
Signature Not Verified
Arb.P.954/2021 & connected matters Digitally Signed 3
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.04.2022
Signing Date:07.04.2022 11:43:14 20:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
constituted and the order dated 24.11.2020 be confirmed and be
directed to operate during the pendency of the arbitral tribunal.
10. Learned counsel appearing for Taken Das Chhabra submits that
there are other reliefs claimed in OMP (I) (COMM) 377/2020 and he
reserves the right to take his remedies in accordance with law qua the
third parties and also reserves the right to file an application under
Section 17 before the Arbitral Tribunal qua Mr. Dharmender Verma.
11. In view of the above, the partners of the partnership firm under
the Partnership Deed dated 01.04.2017 are referred to arbitration.
12. With the consent of parties, Mr. Rajeev Virmani, Senior
Advocate is appointed as an arbitral tribunal.
13. The arbitral tribunal shall charge the fee in accordance with
Schedule 4 of the Arbitration and Conciliation Act, 1996. The
arbitrator shall make the requisite disclosure under Section 12 of the
Act within a period of two weeks of entering reference.
14. The order dated 24.11.2020, wherein the statement of counsel
for Mr. Taken Das Chhabra and Dharmender Verma has been
recorded that they shall not individually do business with Central
Pollution Control Board and only the firm shall do business with the
CPCB shall continue to operate till the disposal of the arbitration
proceedings.
15. Learned counsel appearing for Dharmender Verma submits that
even Mr. Taken Das Chhabra is liable to be restrained from carrying
Signature Not Verified
Arb.P.954/2021 & connected matters Digitally Signed 4
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.04.2022
Signing Date:07.04.2022 11:43:14 20:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
out any business with CPCB through third parties. He reserves the
right of Mr. Dharmender Verma to file an application under Section
17 before the arbitral tribunal if the need so arises.
16. Petitions are disposed of in the above terms.
SANJEEV SACHDEVA, J.
APRIL 06, 2022
rk
Signature Not Verified
Arb.P.954/2021 & connected matters Digitally Signed 5
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.04.2022
Signing Date:07.04.2022 11:43:14 20:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
