Delhi High Court
Mr. Harjeet Singh Senior Citizen vs M/S Omaxe Limited Through Its Directors ... on 27 September, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB. P. 252/2023
MR. HARJEET SINGH SENIOR CITIZEN .....Petitioner
Through: Mr. Sanjay Mishra and Ms.
Stuti Mishra, Advocates.
versus
M/S OMAXE LIMITED THROUGH ITS
DIRECTORS SH. ROHTASH GOEL,
SH MOHIT GOEL SH. MANOJ KUMAR DUA
AND SH. VINIT GOYAL .....Respondents
Through: Mr. Satyam Dwivedi, Ms. Puja
Jakhar and Mr. Harshit Prakash, Advocates.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
% 24.09.2024
1. By order 21 December 2023, this Court had appointed a Sole
Arbitrator to arbitrate on the dispute between the parties. The
arbitration clause, governing the contract between the parties reads
thus:
"18.2.1 Subject to Section 18.1, above, any Dispute arising
from or in connection with this Agreement shall be referred to
arbitration and settled in accordance with Indian Arbitration and
Conciliation Act, 1996. Unless provided herein, the arbitration
tribunal shall consist of 3 (three) arbitrators; each Party shall
appoint 1 (one) arbitrator within 30 days of the date of the Dispute
Notice and the 2 (two) arbitrators thus appointed shall choose the
third arbitrator who will act as the presiding arbitrator of the
tribunal. If the 2 (two) appointed arbitrators do not agree on the
third arbitrator within 14 (fourteen) days as of the date of
appointment of the last appointed arbitrators, then such third
Digitally Signed Digitally Signed
By:AJIT KUMAR By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:28.09.2024
Date:28.09.2024 23:41 23:39
arbitrator, at the request of both or any one of the appointed
arbitrator, shall be appointed by the Hon'ble High Court of Delhi.
The Hon'ble High Court of Delhi shall appoint a person as third
arbitrator who is not affiliated with any of the Parties. The place of
arbitration shall be New Delhi, India and the language of the
arbitration shall be English."
2. The order dated 21 December 2023 was carried in appeal by the
respondent to the Supreme Court.
3. By order dated 27 August 2024, the Supreme Court has set
aside the order dated 21 December 2023 of the Coordinate Bench, in
the following terms:
"Accordingly, we set aside the impugned order dated 21st
December, 2023 and direct that appointment of Arbitral Tribunal
consisting of three Arbitrators shall be made in accordance with
clause 18.2 of the relevant agreement. For the purpose of passing
an order regarding constitution of Arbitral Tribunal consisting of
three Arbitrators, we direct that Arbitration Petition No. 252 of
2023 shall be listed before the roster Bench of the High Court of
Delhi at New Delhi on 20th September, 2024 in the morning. The
parties shall appear before the roster Bench on that day."
4. Mr. Satyam Dwivedi, learned counsel for the respondent,
submits that the present petition is not maintainable as it has been filed
beyond three years from the issuance of notice by the petitioner under
Section 21 of the Arbitration and Conciliation Act, 19961.
5. Mr. Mishra, learned counsel for the petitioner, per contra,
submits that after the said notice was issued, the parties had explored
mediation, whereafter the petitioner issued a fresh notice to the
respondent under Section 21 of the 1996 Act.
Digitally Signed Digitally Signed
By:AJIT KUMAR By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:28.09.2024
Date:28.09.2024 23:41 23:39
6. In any event, this Court is bound by the directions issued by the
Supreme Court. The Supreme Court directions are clear and
categorical. This Court is mandated to appoint a Three Member
Arbitral Tribunal to arbitrate on the disputes between the parties.
7. Accordingly, the Court appoints Mr. Yogesh Kumar Mathur,
Advocate (Tel. 9810253685), Mr. S. S. Rawat, Advocate (Tel.
9971382757) and Mr. Jugal Wadhwa, Advocate (Tel. 9810036560) as
the Arbitrator for the petitioner, Arbitrator for the respondent and the
Presiding Arbitrator, respectively.
8. It is stated that the amount claimed by the petitioner from the
respondent is in the realm of ₹4 Crores, apart from possession of the
property.
9. As the order of the learned Single Judge, appointing a Sole
Arbitrator, was set aside by the Supreme Court, the arbitral
proceedings would have to start afresh.
10. The learned arbitrators are also requested to file the requisite
disclosure under Section 12(2) of the 1996 Act, prior to entering on
reference.
"the 1996 Act", hereinafter
Digitally Signed Digitally Signed
By:AJIT KUMAR By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:28.09.2024
Date:28.09.2024 23:41 23:39
11. The petition stands disposed of, in the aforesaid terms.
C. HARI SHANKAR, J.
SEPTEMBER 24, 2024/yg
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Digitally Signed Digitally Signed
By:AJIT KUMAR By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:28.09.2024
Date:28.09.2024 23:41 23:39
