M/S Magenta Power Private Limited vs M/S Rajasthan Electronics And ...
2023 Latest Caselaw 5664 Raj/2

[2023:RJ-JP:27396]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Arbitration Application No. 12/2023

M/s Magenta Power Private Limited, Through Its Authorized
Representative, Mr. Malcom, Freddy Baretto, Having Office At
102, Alpha Garden, Plot 26, Behind Reliance Foundation School,
Sector 14, Kopar Khairane, Navi Mumbai 400709, Maharashtra,
India.
                                                                    ----Petitioner
                                     Versus
M/s    Rajasthan     Electronics       And      Instrument        Limited   (Reil),
Through Its Dy. Gen. Manager (Np-Ev Projects), Reil House,
Shipra Path, Man Sarovar, Jaipur, 302020, Rajasthan, India.
                                                                  ----Respondent

Connected With S.B. Arbitration Application No. 13/2023 M/s Magenta Power Private Limited, Through Its Authorized Representative, Mr. Malcom, Freddy Baretto, Having Office At 102, Alpha Garden, Plot 26, Behind Reliance Foundation School, Sector 14, Kopar Khairane, Navi Mumbai 400709, Maharashtra, India.

----Petitioner Versus M/s Rajasthan Electronics And Instrument Limited (Reil), Through Its Dy. Gen. Manager (Np-Ev Projects), Reil House, Shipra Path, Man Sarovar, Jaipur, 302020, Rajasthan, India.

----Respondent S.B. Arbitration Application No. 14/2023 M/s Magenta Power Private Limited, Through Its Authorized Representative, Mr. Malcom, Freddy Baretto, Having Office At 102, Alpha Garden, Plot 26, Behind Reliance Foundation School, Sector 14, Kopar Khairane, Navi Mumbai 400709, Maharashtra, India.

----Petitioner Versus M/s Rajasthan Electronics And Instrument Limited (Reil), Through Its Dy. Gen. Manager (Np-Ev Projects), Reil House, Shipra Path, Man Sarovar, Jaipur, 302020, Rajasthan, India.

[2023:RJ-JP:27396] (2 of 3) [ARBAP-12/2023]

----Respondent

For Petitioner(s) : Mr. Sangram Singh R. Bhonsle with Mr. Pushkara A. Bhonsle Mr. Mahesh A. Jadhav & Mr. Tarun Agarwal For Respondent(s) : Mr. Kapil Sharma

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH

Order

06/10/2023 (ORAL)

1. This application under section 11 of the Arbitration &

Conciliation Act, 1996 (for short 'the Act of 1996') has been

preferred seeking reference of the dispute between the applicant

and the respondent to the Sole Arbitrator.

2. With the consent of the parties, all three above referred

arbitration applications are being disposed of by a common order

as it is admitted that the terms and conditions of the agreement

are identical except that there are three different agreements

entered into between the parties.

3. Although they are arising out of the single tender which has

been floated by the respondent i.e. three different works have

been assigned for which different agreements have been entered

into i.e. the scope was the one which has been segregated in

different parts. Notice under section 21 of the Act of 1996 was

served upon the respondent on 16.01.2023, which factum is not

disputed. However, the stand of the counsel for the respondent is

that there should have been three separate notices, whereas only

one consolidated notice has been served. He however, could not

[2023:RJ-JP:27396] (3 of 3) [ARBAP-12/2023]

dispute the fact that the intent on the part of the applicant was for

invoking the arbitration clause as provided for in all the three

agreements which is identical.

4. Having considered the submissions which have been made

by the counsel for the parties and in the light of the judgment of

the Hon'ble Supreme Court in Duro Felguera S.A. versus

Gangararam Port Limited-(2017) 9 Supreme Court Cases

729, wherein it has been held that there has to be different

arbitration proceedings for separate agreements which have been

entered into between the parties, therefore, all the three above

referred applications are allowed.

5. In the light of the above, the prayer made in these

applications is accepted and Hon'ble Mrs. Justice Sabina, Acting

Chief Justice (Retd.), R/o House No.1842, Sector 34-D,

Chandigarh is appointed to act as an Arbitrator in the matters for

resolving the disputes between the parties. The Arbitrator shall

decide all issues without prejudice to the rights and contentions

raised in the present applications and in the reply. The arbitration

fee shall be in accordance with Fourth Schedule of the Act of

1996.

6. Registry is directed to intimate Hon'ble Mrs. Justice Sabina,

Acting Chief Justice (Retd.) of her appointment as Arbitrator.

7. The arbitration applications accordingly stand disposed of.

(AUGUSTINE GEORGE MASIH),CJ

NAVAL KISHOR /16-18

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