Delhi High Court
Indeen Bio Power Ltd vs Efs Facilities Services India Pvt Ltd on 12 July, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 82/2023
INDEEN BIO POWER LTD .....Petitioner
Through: Mr. J. Sai Deepak, Mr.
Navdeep Dahiya and Mr. Karandeep
Dahiya, Advocates
versus
EFS FACILITIES SERVICES INDIA PVT LTD
.....Respondent
Through: Mr. Dayan Krishnan, Sr.
Advocate with Mr. Vasanth Rajasekaran,
Mr. Sukrit Seth and Mr. Harshvardhan
Korada, Advocates
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 12.07.2024
1. This petition appears to emanate from para 61 of the judgment
rendered by this Bench on 4 January 2021 in OMP (COMM)
440/2020. The said passage reads thus:
"61. As a result of the above discussion, the impugned Award,
passed by the learned Arbitral Tribunal, cannot be sustained and
is, accordingly, quashed and set aside. It would be open to Indeen
to re-agitate its claims before the learned Arbitral Tribunal. In
case the matter is re-agitated, the learned Arbitral Tribunal would
reconsider the claims of Indeen, in accordance with law, keeping
in view the observations made hereinabove."
2. This judgment was carried in appeal to the Division Bench by
way of FAO (OS) (COMM) 14/2021, which was dismissed by
judgment dated 7 July 2023.
OMP(T) (COMM) 82/2023 Page 1 of 3 Signature Not Verified
Digitally Signed Digitally Signed
By:ROHIT BARARIA By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:15.07.2024 Signing Date:15.07.2024
18:32:01 18:30:28
3. Pursuant to the aforesaid judgment of the Division Bench, it
appears that the petitioner had approached Hon'ble Mr. Justice Anil
Dev Singh (Retd.), who was learned the arbitrator earlier dealing with
the matter but that Anil Dev Singh J expressed his inability to re-
arbitrate the issue by e-mail dated 5 August 2023.
4. In this situation, this petition has been preferred under Section
151 of the Arbitration and Conciliation Act, 19962 (1996 Act) for
appointing a fresh Arbitrator to arbitrate on the controversy.
5. Though Mr. Dayan Krishnan, learned Senior Counsel for the
respondent, has debated the applicability of Section 15 of the 1996
Act, inter alia, and raised other contentions as well, the Court is glad
to record that both sides are ultimately agreeable to this petition being
disposed of in the following terms:
(i) The dispute would now stand reconsidered, in accordance
with para 61 of the judgment dated 4 January 2021 of this Court
in OMP (Comm) 440/2020, by Hon'ble Mr. Justice Adarsh
Kumar Goel (Mob: 9910213040), a learned retired judge of the
Supreme Court of India.
(ii) No fresh claims/counter-claims shall be permitted to be
1 15. Termination of mandate and substitution of arbitrator. -
(1) In addition to the circumstances referred to in Section 13 or Section 14, the mandate of an
arbitrator shall terminate--
(a) where he withdraws from office for any reason; or
(b) by or pursuant to agreement of the parties.
(2) Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed
according to the rules that were applicable to the appointment of the arbitrator being replaced.
OMP(T) (COMM) 82/2023 Page 2 of 3 Signature Not Verified
Digitally Signed Digitally Signed
By:ROHIT BARARIA By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:15.07.2024 Signing Date:15.07.2024
18:32:01 18:30:28
raised before the learned Arbitral Tribunal.
(iii) No fresh evidence shall be permitted to be led by either
side.
(iv) No fresh pleadings shall be permitted by either side.
(v) In other words, the learned Arbitral Tribunal shall deal
with the disputes on "as is where is" basis.
(vi) However, the learned Arbitral Tribunal shall keep in
mind the observations contained in the judgment dated 4
January 2021 in OMP (Comm) 440/2020, in terms of para 61 of
the judgment.
6. The fees of the learned Arbitrator shall be fixed in consultation
with the parties.
7. The petition stands disposed of in the aforesaid terms.
C. HARI SHANKAR, J.
JULY 12, 2024/yg
Click here to check corrigendum, if any
2 "the 1996 Act" hereinafter
OMP(T) (COMM) 82/2023 Page 3 of 3 Signature Not Verified
Digitally Signed Digitally Signed
By:ROHIT BARARIA By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:15.07.2024 Signing Date:15.07.2024
18:32:01 18:30:28
