High Court of DelhiARB.P./78/2023

Exim Logistics Pvt Ltd v. Indian Oil Corporation Limited

2024-05-03Hon'Ble Mr. Justice Dinesh Kumar Sharma60 pages

$~1 ARB.P. 78/2023 EXIM LOGISTICS PVT LTD ..... Petitioner Mr. Sidhartha Sharma, Mr. Arjun Asthana, Ms. Trisha Dhara, Advs.

INDIAN OIL CORPORATION LIMITED ..... Respondent Mr.

Divjyot Singh, Mr.

Nipun Dwivedi, Advs.

Mr Rahul Tyagi, Mr. Sangeet Sibou, Mr. Tauseef Akhtar, Ms. Ankita Meena, Mr.

Jattin Sharma, Ms.Kanurpriya Aswal, Mr. Mohit Panghal, Ms. Mahima Tomer, Ms.

Neha Verma, Advs. for R-8 03.05.2024 1.

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to adjudicate upon the disputes between the parties. 2.

The plea of the petitioner is that in response to the tender for road transportation of Purified Terephthalic Acid (PTA) in Flexible The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

Intermediate Bulk Container (FIBC) by Trucks Ex-Panipat to various destinations across the country was floated by the respondent company. The tenders were floated on 18.03.2020 and were closed on 15.05.2020.

Learned counsel for the petitioner submits that though the period when COVID-19 restrictions were there and therefore, in view of the restrictions, the petitioner vide email dated 27.07.2020, wrote to the respondent that the petitioner will not be able to proceed with all the sectors. By this time, the petitioner was L-1 in some of the sectors. The petitioner offered that they would be able to do with only some part of one or two sectors there. Learned counsel for the petitioner submits that despite this, the respondent issued a letter of intent vide communication dated 29.07.2020. Learned counsel submits that again vide communication dated 07.08.2020, the petitioner has expressed his inability to carry/execute the complete work as given in the letter of intent.

Learned counsel submits that however, the respondent unilaterally issued a show cause notice dated 17.08.2020 asking the petitioner to explain as to why he should not be listed in the "holiday list/black list". The petitioner responded to the same vide communication dated 31.08.2020. Learned counsel submits that despite this, the respondent vide communication dated 12.01.2021, put the petitioner in the "Holiday List/black list" for a period of one year. The petitioner responded to the same vide communication dated 29.01.2022. Learned counsel submits that though the respondent sent a false and frivolous reply to its communication. Learned counsel submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

respondent issued a debit note dated 23.05.2022 whereby a sum of Rs.18,12,000/- was raised as a liability.

The petitioner invoked the arbitration clause vide notice dated 14.09.2022. Learned counsel for the petitioner submits that since there is an arbitration clause in the tender document as contained in Annexure F of the tender, the matter has been required to be referred to arbitration.

Learned counsel for the respondent submits that there is no agreement entered into between the parties. Learned counsel for the respondent submits that the bare perusal of Clause 4.1 makes it clear that there has to be a dispute between the contractor and the owner. 7.

Learned counsel submits that the CONTRACTOR/ TRANSPORTER/BIDDER/CARRIER has been defined in clause-1.2 of General terms and conditions (Annexure -F) which provides that the CONTRACTOR/TRANSPORTER/BIDDER/ CARRIER shall mean the person, firm, company, association of persons, legal heir or successor, to whom pursuant to the successful tendering process, the Work Order/Contract is awarded and the Agreement has been executed.

Learned counsel submits that admittedly, no work order/contract has been awarded to the petitioner. Learned counsel submits that the respondent is a public sector undertaking and works in an absolutely transparent manner. Learned counsel submits that pursuant to the issuance of tender, the petitioner made the Bid, and being the L-1, the letter of intent was issued to him. Learned counsel submits that the petitioner did not respond to the letter of intent and neither withdrew The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

from the bid. Learned counsel submits that since no agreement was executed between the parties, therefore, there is no question of the applicability of the arbitration clause in the tender document. 9.

The jurisdiction of this Court at the time of making the reference is very limited. The Court has only to see whether there is an agreement which contains the arbitration clause and there is arbitrable disputes between the parties.

10. Section 7 of the Arbitration and Conciliation Act, 1996 defines the arbitration agreement which reads as under:

"Section 7. Arbitration agreement-

(1) In this Part, "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(3) An arbitration agreement shall be in writing.

(4) An arbitration agreement is in writing if it is contained in (a) a document signed by the parties;

(b) an exchange of letters, telex, telegrams or other means of telecommunication 1[including communication through electronic means] which provide a record of the agreement; or (c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.

(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

make that arbitration clause part of the contract."

11. The bare perusal of Section 7 of the A&C Act makes it clear that there has to be an agreement between the parties for making the reference to the arbitration. Thus, the parties have to be on consensus ad adem. It is pertinent to mention here that such an "agreement" has to be in accordance with the provisions of the Indian Contract Act. Section 10 of the Indian Contract Act provides that all agreements are contracts only if they are made by free consent of the parties, competent to the contract, for a lawful consideration and with a lawful object and not expressly declared to be void. Section 2 (h) of the Contract Act defines „contract‟ as "An agreement enforceable by law". To create a contract there must be an agreement between the parties.

This agreement should be such that if one party breaches the agreement, there must be some remedies available for the other party in a court of law. To be enforceable, the agreement must contain all the essential elements of a valid contract as described in Sec. 10 of the Contract Act. If an agreement lacks in any one or two elements as described in the section it becomes either void ab initio or voidable, or unenforceable depending on what element it is lacking. Therefore, in order to constitute an agreement, there have to be certain terms and conditions agreed between the parties.

12. In the present case, the petitioner being L-1 was only issued a letter of intent by the respondent company to which the petitioner has in no form sent a letter of acceptance to agree to its terms and conditions. Therefore the petitioner has not entered into an agreement that contains a clause of arbitration as required under law to initiate the proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

under the A&C Act. I consider that since there is no arbitration agreement entered between parties, the present cannot be referred to an arbitral tribunal. Hence, the present petition is rejected. MAY 3, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~7 (appellate matter) CRL.M.C. 6255/2022 DEEPAK RAMCHAND SHARMA ..... Petitioner Mr. Dipesh Sharma, Mr. Sushant Singhal, Advs.

THE STATE NCT OF DELHI & ANR.

..... Respondents 07.05.2024 CRL.M.A. 13449/2024 in CRL.M.C. 6255/2022 The present application has been moved under Section 482 Cr. PC seeking clarifications and modification in the order dated 03.02.2023 praying for an observation for condonation of delay by the Sessions Court. The application is allowed, let the order dated 03.02.2023 now read as under:

"Learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file revision petition before learned Sessions Court. However, learned counsel submits that since NBWs have been issued against the petitioner, some protection may be granted.

In view of the submissions made, the petition is dismissed as withdrawn with liberty to the petitioner to file revision petition before the learned Sessions Court in accordance with law.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

Learned Sessions Court may consider the condonation of delay for the period consumed during the pendency of this petition before this court in accordance with law.

In the meanwhile, till 28.02.2023, no coercive action shall be taken in CC No.7998-2017 against Deepak Ramchand Sharma.

It is made clear that no expression made herein shall tantamount to the expression the merits of the case."

Accordingly, the present application stands disposed of. MAY 7, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~2 ARB.P. 1062/2023 SHUBHAM PRATAP SINGH ..... Petitioner Mr.Kartik Sharma, Adv(VC) BLUE FROG SOLUTION (OPC) ..... Respondent 03.05.2024 Learned counsel for the Respondent submits that parties have almost settled the matter amicably and seeks a short adjournment. List on 14.05.2024.

MAY 3, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~3 ARB.P. 101/2024 TATA CAPITAL LIMITED ..... Petitioner Mr.Nachiketa Suri, Mr. Raj Kumar, Advs.

CHANI MUKARJI ..... Respondent 03.05.2024 Learned counsel for the petitioner submits that recently it has come to the knowledge of the petitioner that an award has been passed in the present matter by the arbitrator who was unilaterally appointed by the respondent. Learned counsel seeks some time to move appropriate application for the amendment of plaint.

List on 09.07.2024.

$~4 ARB.P. 122/2024 AMIT VADHERA & ANR.

..... Petitioners Mr.Anil Sharma, Mr. Arpit Sharma, Mr. Sankalp Mishra, Advs.

M/S VARDHMAN INFRABUILD PVT LTD ..... Respondent Mr.Sambit Nanda, Ms.

Samaya Khanna, Advs.

03.05.2024 Learned counsel for the respondent submits that the matter may be referred to the mediation centre as there is possibility of amicable settlement.

In view of the submissions made above, let the matter be referred to the Delhi High Court Mediation Centre.

Parties are directed to appear before the Secretary, Delhi High Court Mediation Centre on 08.05.2024 at 3.30 PM.

List the matter before the Court on 28.05.2024. MAY 3, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~5 ARB.P. 127/2024 M/S ASHA ENTERPRISES PVT LTD THROUGH SHRI VARINDER KUMAR SHARMA DIRECTOR ..... Petitioner Mr. Sanjay Bansal, Adv.(VC) HINDUSTAN PREFAB LTD & ANR.

..... Respondents Mr. Varun Nishcal, Mr. Shubham Sharma, Advs. with Mr. Mukesh Kumar, Legal Incharge for R-1 03.05.2024 Learned counsel for the respondent No.1 seeks time to file the reply. Learned counsel submits that entire payment has been made and there is no arbitrable dispute between the parties.

Let reply be filed within four weeks with an advance copy supplied to the learned counsel for the petitioner. Rejoinder thereto, if any, be filed within two weeks thereafter with copy to the learned counsel for the respondent No.1.

Respondent No.2 has not been served.

Let respondent No.2 be served again through all permissible modes upon taking steps by the petitioner, returnable on 24.05.2024. MAY 3, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~6 ARB.P. 290/2024 MOGLI LABS (INDIA) PVT.

LTD.

THROUGH ITS AUTHORIZED SIGNATORY MR. SANIDHYA JAIN..... Petitioner Mr. Arnab Chatterjee, Adv.(VC) M/S SHUBAN PRINTS THROUGH ITS PARTNERS & ORS. ..... Respondents Mr. Dhruv Gupta, Adv,(VC) 03.05.2024 Both the learned counsel for the parties submits that the matter may be referred to the mediation centre as there is possibility of amicable settlement.

In view of the submissions made above, let the matter be referred to the Delhi High Court Mediation Centre.

Parties are directed to appear before the Secretary, Delhi High Court Mediation Centre on 10.05.2024 at 3.30 PM.

List the matter before the Court on 01.07.2024. MAY 3, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~7 CS(OS) 2714/1997 SMT.GURPREET KAUL ..... Plaintiff Mr. Sanjeev Bahl, Ms. Apoorva Bahl, Advs.

SMT.PHOOL MADAN ..... Defendant Mr. Pradeep Rai, Sr. Adv. with Mr.

Deepak Kohli, Ms. Kavya Jindal, Mr.

Aakash Goswami, Mr. Arnav Mittal, Advs.

03.05.2024 I.As. 16493-94/2023 in CS(OS) 2714/1997 Learned Senior counsel for the applicant submits that they would like to file the rejoinder to the reply filed by the non applicant(s). Let rejoinder be filed within four weeks with an advance copy supplied to the learned counsel for the non applicant(s). List on 27.08.2024.

$~32

IN THE HIGH COURT OF DELHI AT NEW DELHI

TEST.CAS. 56/2021 UPASANA WAHI AND ORS & ORS.

..... Petitioners Mr. Ajay Verma,Sr. Adv. with Mr.

Shantanu M, Ms. Yashodhara Barmon Roy, Ms. Darshita Sethia, Advs.

STATE GOVT OF NCT DELHI ..... Respondent Mr.

Harshvardhan Jha, Mrs.

Yugandhara Pawar Jha, Mr. Aman Pathak, Advs. for Mr. RK Sharma and beneficiaries Mr. Vikram Sharma and Ms. Pooja Sharma 03.05.2024 I.A. 9913/2024 in TEST.CAS. 56/2021 1.

The present application has been moved seeking following prayers; i. Allow the present Application amending LA. No. 12181/2023 to the extent as provided in Para 8 hereinabove;

And ii.. Take on record the Amended Application; and 2.

Learned senior counsel for the petitioners submits that pursuant to the subsequent filing of I.A.12181, the Court appointed valuer gave the value report. As per which, the valuation of the entire Partnership Firm value is Rs.69,23,11,399/-.

Learned senior counsel for the petitioner submits that the Testatrix was 48% partner in the partnership firm which in terms of the valuation, amounts The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

to Rs.33,23,09,472/-.. Further, it is submitted that in accordance with the Will as well as Statutory provisions, the Testatrix is allowed to liquidate her share of the partnership.

Learned senior counsel submits that in view of this, the prayer clause is required to be amended. Accordingly, the amendments are in paras 7,8, 9 and 12 and Prayer Clause.

Issue notice.

Mr. Harshwardhan Jha, learned counsel accepted notice on behalf of Mr. RK Sharma, the non-beneficiary, as well as on behalf of beneficiaries Mr. Vikram Sharma and Ms. Pooja Sharma and seeks time to file the reply. 7.

Let reply be filed within four weeks with copy to the learned counsel for the petitioner.

List the present application before the Joint Registrar (judicial) for completion of pleadings on 11.07.2024.

TEST.CAS. 56/2021 9.

List the matter before the Court on 01.08.2024. MAY 3, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~15 O.M.P.

(COMM) 485/2019, I.As.

16164/2019, 18014/2019, 11989/2020, 12101/2020, 1738/2022, 4666/2023 & LA.23381/2023 MRS. AMARJIT MALIK ..... Petitioner Mr. Deepanshu, Adv.

MS. SIMRIN ANAND ..... Respondent Mr. Anant Roy, Adv. for R-2 09.05.2024 Learned counsel for the parties submit that the matter is pending before the Delhi High Court Mediation and Conciliation Centre for 10.05.2024.

List on 04.09.2024.

MAY 9, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~5 to 7 CS(OS) 2523/1997, CC 1916/1999 CS(OS) 1455/2000, I.A. 3270/2007 CS(OS) 2264/2011 DELHI DEVELOPMENT AUTHORITY ..... Plaintiff Mr.M. K. Singh, Adv. (VC) SOM DUTT GARGI ..... Defendant Mr. Abhishek Semwal, Adv.(VC) 09.05.2024 An adjournment slip has been moved on behalf of the learned counsel for the plaintiff which is not opposed by the learned counsel for the defendant.

List on 10.09.2024.

$~18 O.M.P. (COMM) 210/2023, I.A. 11076/2023 UNION OF INDIA ..... Petitioner Mr.

Sandeep Kumar Mahapatra, CGSC with Mr. Tribhuvam, Adv.

M/S MCPL_NACS JV ..... Respondent Ms. Pallavi Garg, Adv.

09.05.2024 Learned counsel for the petitioner seeks time to file the rejoinder. Let rejoinder be filed within four weeks with an advance copy supplied to the learned counsel for the respondent. List on 24.09.2024.

$~27 O.M.P. (COMM) 396/2019, I.A. 13233/2019, I.A. 19283/2022 QUADRANT TELEVENTURES LIMITED ..... Petitioner Mr. Akhil Sibal, Sr. Adv. with Mr.

Yashvardhan, Ms. Kritika Nagpal, Mr.Gyanendra Shukla, Mr. Akshay Gupta, Mr.

Nikhil Y.

Chawla, Ms.Aditi Pathak, Advs.

ATC TELECOM INFRASTRUCTURE PVT. LTD. & ANR.

..... Respondents Mr. Rajeshekhar Rao, Sr. Adv. with Mr. Manish Jha, Mr. Zain Maqbool, Mr. Meherunissa Anand, Ms. Arsha Rampal, Advs. for R-1.

09.05.2024 Mr. Akhil Sibal, learned senior counsel has concluded the arguments on behalf of the petitioner.

List the matter for arguments on behalf of respondents on 09.07.2024 at 12.30 PM.

List the matter in the category of "part heard". MAY 9, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~33 to 35 ARB. A. (COMM.) 45/2023, I.A. 21860/2023, I.A. 21862/2023 FINAL STEP DEVELOPERS PVT.

LTD.THROUGH AUTHORIZED REPRESENTATIVE, ..... Petitioner Mr Parag P. Tripathi, Mr. Jayant Mehta, Sr. Advs with Mr. Jatin Sehgal, Mr. Shashank Garg, Mr.

Nawab Singh Jaglan, Mr. Nikhil Palli, Ms. Devna Soni and Mr. Sivashish Dwivedi, Ms. Yashi Bajpai, Ms.

Nistha Jain Advs.

DLF HOME DEVELOPERS PRIVATE LIMITED & ORS.

..... Respondents Mr. Pinaki Misra, Sr. Adv. with Mr.

Pravin Bahadur, Ms. Simran Brar, Mr. Amit Agarwal, Ms. Apoorva Neral, Mr. Swastik Dalai, Mr. Karan Sharma, Ms. Kanika Gomber, Mr. S.

Anjani Kumar, Advs, with Mr. Atul Srivastava, Ms. Swati Singh, Ms.

Poonam Madhan, ARs.

Mr.

Rudra Pratap, Ms.Mrinalini Sharma, Mr. Tushar Randhawa, Mr.

Rahul Sharma, Ms. Disha Choudhary, Advs. for R-3 Mr. Sunil Dalal, Sr. Adv. with Mr,.

Ankit Banati, Mr. Abhay Agnihotri, Ms. Manisha Mr.Rishi Aggarwala, Ms. Manisha Sarola, Mr. Nikhil Beniwal, Mr. Navish Bhati, Mr.

Mahabir Sing, Advs. for R-4 Mr. Ravi Tyagi, Mr. Mayank Mishra, Ms. Manmilan Sidhu, Mr. Kanishk Khullar, Ms. Bhumika Bhatnagar, Advs. for R-5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

O.M.P. (COMM) 450/2023, I.A. 21844/2023 FINAL STEP DEVELOPERS PVT.

LTD.

THROUGH AUTHORIZED REPRESENTATIVE ..... Petitioner Mr Parag P. Tripathi, Mr. Jayant Mehta, Sr. Advs with Mr. Jatin Sehgal, Mr. Shashank Garg, Mr.

Nawab Singh Jaglan, Mr. Nikhil Palli, Ms. Devna Soni and Mr. Sivashish Dwivedi, Ms. Yashi Bajpai, Ms.

Nistha Jain, Advs.

DLF HOME DEVELOPERS LIMITED THROUGH AUTHORIZED REPRESENTATIVE & ORS.

..... Respondents Mr. Pinaki Misra, Sr. Adv. with Mr.

Pravin Bahadur, Ms. Simran Brar, Mr. Amit Agarwal, Ms. Apoorva Neral, Mr. Swastik Dalai, Mr. Karan Sharma, Ms. Kanika Gomber, Mr. S.

Anjani Kumar, Advs, with Mr. Atul Srivastava, Ms. Swati Singh, Ms.

Poonam Madhan, ARs.

Mr.

Rudra Pratap, Ms.Mrinalini Sharma, Mr. Tushar Randhawa, Mr.

Rahul Sharma, Ms. Disha Choudhary, Advs. for R-3 Mr. Ravi Tyagi, Mr. Mayank Mishra, Ms. Manmilan Sidhu, Mr. Kanishk Khullar, Ms. Bhumika Bhatnagar, Advs. for R-5 Mr. Sunil Dalal, Sr. Adv. with Mr,.

Ankit Banati, Mr. Abhay Agnihotri, Ms. Manisha Mr.Rishi Aggarwala, Ms. Manisha Sarola, Mr. Nikhil Beniwal, Mr. Navish Bhati, Mr.

Mahabir Sing, Advs. for R-4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

O.M.P.(MISC.)(COMM.) 83/2024 DLF HOME DEVELOPERS LIMITED ..... Petitioner Mr. Pinaki Misra, Sr. Adv. with Mr.

Pravin Bahadur, Ms. Simran Brar, Mr. Amit Agarwal, Ms. Apoorva Neral, Mr. Swastik Dalai, Mr. Karan Sharma, Ms. Kanika Gomber, Mr. S.

Anjani Kumar, Mr. Atul Srivastava, Advs.

SHIPRA ESTATES LIMITED & ORS.

..... Respondents Mr Parag P. Tripathi, Mr. Jayant Mehta, Sr. Advs with Mr. Jatin Sehgal, Mr. Shashank Garg, Mr.

Nawab Singh Jaglan, Mr. Nikhil Palli, Ms. Devna Soni and Mr. Sivashish Dwivedi, Ms. Yashi Bajpai, Ms.

Nistha Jain Advs.

Mr. Dheeraj Nair, Mr. Manish Jha, Ms. Vishruti Sahni, Ms. Muskaan Gupta, Advs. for R-4 Mr.

Rudra Pratap, Ms.Mrinalini Sharma, Mr. Tushar Randhawa, Mr.

Rahul Sharma, Ms. Disha Choudhary, Advs. for R-3 Mr. Ravi Tyagi, Mr. Mayank Mishra, Ms. Manmilan Sidhu, Mr. Kanishk Khullar, Ms. Bhumika Bhatnagar, Advs. for R-5 Mr. Sunil Dalal, Sr. Adv. with Mr,.

Ankit Banati, Mr. Abhay Agnihotri, Ms. Manisha Mr.Rishi Aggarwala, Ms. Manisha Sarola, Mr. Nikhil Beniwal, Mr. Navish Bhati, Mr.

09.05.2024 Sh. Parag P. Tripathi, learned senior counsel has concluded his arguments.

List the matter for arguments of Mr. Jayant Mehta, learned senior counsel on behalf of Petitioner/ Final Step Developers Pvt. Ltd.. Mr. Rudra Pratap, learned counsel on behalf of Mr. Mohit Singh seeks permission to file brief written submissions. Let the written submissions not exceeding five pages along with relevant judgments they wish to rely upon with an advance copy be supplied to the opposite party.

List on 16.05.2024 at 12.00PM.

$~8 ARB.P. 230/2024 M/S AURUM AUTOMOBILE PVT. LTD.

..... Petitioner Mr. Sachin Chaudhary, Advocate.

HERO ELECTRIC VEHICLES PVT. LTD.

..... Respondent Mr. Aayushmaan Gauba, Ms. Gunjan Chhabra, Mr.Dhruv Goyal and Ms. Aashii Yadav, Advocates.

13.05.2024 1.

Mr. Aayushmaan Gauba, Advocate has appeared on behalf of the respondent and has submitted that there is a possibility of amicable settlement between the parties. He further prays for the matter to be referred to the Mediation Centre.

The matter is, therefore, referred to the Delhi High Court Mediation and Conciliation Centre.

Parties along with their respective counsel are directed to appear before the Delhi High Court Mediation and Conciliation Centre on 17.05.2024.

List before this Court on 31.05.2024.

MAY 13, 2024/PB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~10 ARB. A. (COMM.) 44/2022 with I.A. 11143-45/2022 M/S CENTURY 21 MALLS PVT LTD ..... Petitioner Mr. Parth Tiwari, Advocate.

BEYOND MALLS LLP ..... Respondent Mr. Apporv Kurup, Ms. Nidhi Mittal and Mr. Gurjas Singh Narula, Advocates.

13.05.2024 1.

Mr. Parth Tiwari, Advocate appearing on behalf of the petitioner seeks adjournment on the ground that the main counsel - Mr. Siddharth Chechani is in some personal difficulty.

List on 30th July, 2024.

MAY 13, 2024 PB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~11 CS(COMM) 52/2023 with I.A. 10664/2023 HEALTH & GLOW PRIVATE LIMITED ..... Plaintiff Mr. Rohil Bansal and Mr. Swastik Bisarya, Advocates.

THIRD EYE BRANDS & CONCEPTS PRIVATE LIMITED & ORS.

..... Defendants Mr. Durgesh Gupta, Advocate for D1.

Mr. Kushal Gupta and Mohd. Umar, Advocate for D-2.

13.05.2024 I.A. 10847/2024 1.

The present application has been filed on behalf of the defendant No.2 under Order XIIIA CPC seeking summary judgment. 2.

Issue notice.

Learned counsel for the plaintiff accepts the notice and seeks time to file the reply.

Let the reply be filed within four weeks and rejoinder, if any, be filed in 4 weeks thereafter with advance copy to the other side respectively. 5.

List on 4th September, 2024.

$~12 CS(COMM) 360/2023 with CCP(O) 61/2023 and I.As. 1053940/2023, 10542-43/2023, 13687/2023, 17039/2023 MR. YUSUFFALI MUSALIAM VEETTIL ABDUL KADER ..... Plaintiff Mr. Rohil Bansal and Mr. Swastik Bisarya, Advocates.

MR. SHAJAN SKARIAH & ORS.

..... Defendants Mr. Sarthak Mehrotra, Mrs. Surbhi Kapoor, Advocates for D-1.

Mr. Aditya Gupta, Advocate for D-2.

13.05.2024 1.

An adjournment slip has been moved on behalf of the plaintiff. 2.

List on 27.08.2024.

Interim orders to continue.

$~15 CS(OS) 747/2022 with I.As. 20102/2022, 3663/2023, 4679/2023 SONIA SAHNI & ANR.

..... Plaintiffs Mr. Tushar Mahajan, Advocate SMT KAMLESH KAPOOR & ORS.

..... Defendants Ms. Raavi Birbal, Advocate for D-2 and 3.

Mr. Sagar Nandwani and Ms. Aishwarya, Advocates for D-4 and D-5.

13.05.2024 1.

Learned counsel for the parties submit that the matter is still pending with the Delhi High Court Mediation and Conciliation Centre and is listed on 17.05.2024.

List this matter on 10th July, 2024.

$~16 CS(OS) 164/2024 with I.As. 4584-85/2024 SUDHIR SETHI & ANR.

..... Plaintiffs Mr. Akshit Navaney, Advocate ALKA SETHI & ANR.

..... Defendants Ms. Vandana Khurana, Advocate for D-1.

Mr. Dheeraj Gupta, Advocate for D-2.

13.05.2024 1.

Learned counsel for the plaintiff submits that the plaintiff is admitted in the hospital and therefore steps could not be taken for the execution of the commission through the Local Commissioner appointed by this Court vide order dated 28.02.2024 2.

Let the commission be executed.

List this matter before the learned Joint Registrar for completion of service and pleadings on 4th July, 2024.

$~17 O.M.P. (COMM) 101/2019 and I.A. 8551/2023 NORTHERN RAILWAY ..... Petitioner Mr. R. Mishra and Mr. M.K. Tiwari, Advocates.

M/S GANGOTRI ENTERPRISES LTD.

..... Respondent Mr. Sanjeev Mahajan, Mrs. Sarika V Mahajan, Mr. Pranjal Tandon, Advocates for respondent.

13.05.2024 1.

Written submissions on behalf of both the parties are on record. Let the same be exchanged.

An adjournment has been sought on behalf of the petitioner. 3.

List on 30th August, 2024.

$~18 OMP (ENF.) (COMM.) 169/2022 M/S GANGOTRI ENTERPRISES LTD.

..... Decree Holder Mr. Sanjeev Mahajan, Mrs. Sarika V Mahajan, Mr. Pranjal Tandon, Advocates.

M/S NORTHERN RAILWAY ..... Judgement Debtor Mr. R. Mishra and Mr. M.K. Tiwari, Advocates.

13.05.2024 1.

Learned counsel for the decree holder submits that vide Order dated 05.09.2022, Judgement Debtor was directed to file the affidavit of assets, however, the same has not been filed till date. 2.

The judgment debtor is directed to file the affidavit of assets within two weeks with advance copy to the other side. 3.

List on 30th August, 2024.

$~23 O.M.P. (COMM) 88/2024 with I.As. 3616-19/2024 DELHI JAL BOARD ..... Petitioner Ms. Richa Kapoor, Mr. Kunal Anand and Ms. Kriti Gera, Advocates.

MALVIYA NAGAR WATER SERVICES PVT LTD ..... Respondent Mr. Akhilesh Arora, Advocate.

13.05.2024 1.

The petitioner has not filed the written submissions in terms of order dated 02.04.2024.

Let written submissions be positively filed within two weeks with the advance copy to the learned counsel for respondent. 3.

Both the parties have informed that respondent has filed Enforcement Petition being O.M.P. (Enf.) No. 103/2024 and the same has been transferred to this Court, which is now listed on 12.07.2024. 4.

Let this matter be also listed on 12th July, 2024. MAY 13, 2024 PB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:08

$~24 O.M.P.(I) (COMM.) 307/2023 with I.As. 18179/2023, 9968/2024 SHRI BHARAT KAUSHAL & ORS.

..... Petitioners Mr. Ninad Dogra, Advocate.

MUKTI DATTA ..... Respondent Ms. Mansi Sood, Advocate 13.05.2024 1.

An adjournment has been sought on behalf of the respondent for filing the reply.

Let reply be filed within four weeks with advance copy to the learned counsel for the petitioner. The petitioner may also file the rejoinder, if any. 3.

List on 25th September, 2024.

Interim order to continue.

$~32 O.M.P.(MISC.)(COMM.) 382/2024 VR MALWA PRIVATE LIMITED ..... Petitioner Mr. Hardeep Sachdeva, Mr. Abhyudai Singh, Ms. Swati Sharma and Mr. Mukund Rawat, Advocates.

CHAT AROMA ..... Respondent None.

13.05.2024 I.A. 10833/2024 (Exemption) 1.

Exemption allowed subject to just exceptions. 2.

Application stands disposed of accordingly.

O.M.P.(MISC.)(COMM.) 382/2024 3.

The present petition has been filed under Section 29A (4) of the Arbitration and Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal.

Learned counsel for the petitioner submits that the mandate of the learned Arbitrator has expired on 29.01.2024. 5.

Issue notice to the respondent through all permissible modes, returnable on 22nd May, 2024.

$~1 ARB.P. 566/2023 KSB LTD.

..... Petitioner Mr. Amit Gupta and Mr. Shiv Verma, Advocates.

RAMAGUNDAM FERTILIZERS AND CHEMICALS LTD.

..... Respondent Counsel for respondent.

14.05.2024 Both the parties submit that the matter is pending before the learned mediator and the parties are at the advance stage of settlement. List on 27.05.2024.

MAY 14, 2024/ssc/DG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:09

$~2 ARB.P. 1062/2023 SHUBHAM PRATAP SINGH ..... Petitioner Mr. Deepak Sharma and Mr. Karthik Sharma, Advocates.

BLUE FROG SOLUTION (OPC) ..... Respondent 14.05.2024 Learned counsel for the petitioner submits that the matter has been settled between the parties and only MOU is to be signed. Let the MOU be placed on record.

List on 21.05.2024.

$~3 ARB.P. 1148/2023 BAJAJ FINANCE LIMITED ..... Petitioner Ms. Shally Bhasin, Mr. Prateek Gupta and Mr. Prateek Yadav, Advocates.

KARVY STOCK BROKING LTD ..... Respondent 14.05.2024 1.

The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed for appointment of an arbitrator to adjudicate the disputes inter se between the parties. 2.

The petitioner is a public limited company incorporated under the provisions of the Companies Act, 1956 and registered with the Reserve Bank of India („RBI‟) as a deposit taking „non-banking financial institution‟, engaged in the business of lending and allied activities. The petitioner has submitted that the respondent is an expelled trading member/stock broker of the National Stock Exchange of India Limited („NSE‟) and BSE Limited („BSE‟).

Learned counsel for the petitioner submits that the petitioner had The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:09

advanced a financial facility to the respondent as follows: Sanction Existing Top-up (Rs.in Total Sanction Letter/Agreement Sanction (Rs.in Crores) (represents the Date Crores) aggregate limit) (Rs.in Crores) 30.12.2014 23.04.2015 21.07.2015 15.10.2015 27.06.2016 20.03.2017 07.09.2018 24.01.2019 30.08.2019 4.

The petitioner has filed copies of Loan Agreements, including Sanction Letters, Power of Attorneys, Demand Promissory Notes and Letters of Continuity for the aforesaid transactions pertaining to the Financial Facility. Learned counsel submits that as per terms of Loan Agreements, more particularly „Article IV, Covenants, Representations and Warranties‟, it was specifically represented that the securities offered by respondent no.1 to the petitioner towards the disbursal of the Financial Facility, were the absolute property of respondent no.1. The respondent no.1 has already provided a written undertaking stating that the securities lying in the KSBL Account were absolutely owned by respondent no.1 and did not belong to any of its clients/constituents. The undertaking was taken The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:09

to ensure that there are no complications in the event of default or enforcing the securities so offered by the borrower. The petitioner has submitted that unlike any immoveable property, the shares in the demat account are fungible and the lender only relies upon the demat account statement and the statement from the depositories which provides the names of the beneficial owner of shares.

The petitioner has submitted that in and around October-November 2019, there were persistent defaults committed by the respondent in maintaining the required margin in the Loan Account. The petitioner submits that during the period several emails were addressed by the petitioner to the respondent, intimating them of the margin shortfall and calling upon the respondent to make good the margin shortfall either by pledging additional securities or to make cash payment under the Financial Facility. Since the respondent did not come forward, loan recall dues was sent to the respondent to repay the total outstanding in the sum of Rs.344,49,81,608/- within a period of three days, failing which the petitioner would exercise its remedies under the Loan Agreements. The petitioner has submitted that on November 22, 2019, basis a preliminary report of NSE, which highlighted various non-compliances of the SEBI Regulations committed by the respondent with respect to pledging/misuse of client securities, the Whole Time Member, SEBI passed an ex-parte Ad-interim order with the following directions:

"21.

Under the above circumstances, I, in exercise of powers conferred upon me under Sections 11(1), 11(4) and 11B read with Section 19 of the SEBI Act, 1992 and Regulation 35 of SEBI (Intermediaries) Regulations, 2008, by way of this ex parte Advocate interim order, pending forensic audit, hereby issue the following directions: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:09

(i) KSBL is prohibited from taking new clients in respect of its stock broking activities;

(ii) The Depositories i.e. NSDL and CDSL, in order to prevent further misuse of clients‟ securities by KSBL, are hereby directed not to act upon any instruction given by KSBL in pursuance of power of attorney given to KSBL by its clients, with immediate effect;

(iii) The Depositories shall monitor the movement of securities into and from the DP account of clients of KSBL as DP to ensure that clients‟ operations are not affected;

(iv) The Depositories shall not allow transfer of securities from DP account no. 11458979, named KARVY STOCK BROKING LTD (BSE) with immediate effect. The transfer of securities from DP account no. 11458979, named KARVY STOCK BROKING LTD (BSE) shall be permitted only to the respective beneficial owner who has paid in full against these securities, under supervision of NSE; and (v) The Depositories and Stock Exchanges shall initiate appropriate disciplinary regulatory proceedings against the Noticee for misuse of clients‟ funds and securities as per their respective bye laws, rules and regulations."

The petitioner, in view of the aforesaid description addressed letters/representations, to SEBI and NSDL, seeking permission to invoke the pledge and sell the securities in KSBL Account. However, no response was received therefore petitioner preferred Appeal (L) No.585 of 2019 before the Securities Appellate Tribunal („SAT‟) seeking to set aside the directions contained in paragraph 21(iv) of the ad-interim order, amongst other ancillary and incidental reliefs.

The petitioner has submitted that vide order dated December 3, 2019 and December 9, 2019 the SAT directed SEBI to pay the petitioner. In the interim, further transfer of securities from the KSBL Account, in terms of paragraph 21(iv) of the SEBI Ad-interim order was suspended. However, the SEBI vide order dated December 13, 2019 dismissed the representations made by the petitioner.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:09

Learned counsel for the petitioner submits that this order was challenged by the petitioner before the SAT and SAT has allowed the appeal, however, depositories has challenged this before the Supreme Court. The petitioner has submitted that on 23.11.2020, NSE declared the respondent as a defaulter and expelled the respondent from membership. Similarly, BSE also declared respondent no.1 as a default and expelled respondent no.1 from its membership on 24.11.2020. 9.

The petitioner invoked the arbitration clause on 18.01.2023. Learned counsel submits that the petitioner has neither responded to Loan recall notice nor to the invocation.

10.

Learned counsel submits that as per loan agreement, sole arbitrator was to be appointed by the petitioner however, in view of judgment of Perkins Eastman vs. HSCC, 2019, SCC Online, SC 1517, the petitioner has invoked jurisdiction of this Court for appointment of an arbitrator. 11.

Summons was sent to the respondent.

12.

As per office note dated 11.03.2024, ordinary process was returned with the remarks "received after date of hearing". However, the petitioner has filed the affidavit of service alongwith receipt and tracking report. 13.

Perusal of the record indicates that as per affidavit of service, the respondent has been served through speed post. However, the courier has been received back.

14.

The email has been sent at Compsec@karvy.com. Let the petitioner file a fresh affidavit within authenticated email ID on which email has been sent. In the meanwhile, the petitioner is directed to send the fresh process on the email service @ karvy.com as appearing on a certificate issued by V. Saleja, company secretary on 28.08.2019.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:28:09

15.

Let process be given dasti.

16.

List on 21.05.2024.

$~27 O.M.P.(I) (COMM.) 121/2024, I.A. 8981/2024 M/S GAIL (INDIA) LTD ..... Petitioner Mr. Dhrubajit Saikia, Advocate.

GUJARAT STATE FERTILIZERS AND CHEMICALS LTD ..... Respondent 14.05.2024 Learned counsel for the petitioner submits that similar matters bearing OMP (I) (COMM) 138/2024 to 141/2024 between the same parties are pending before Hon‟ble Ms. Justice Pratibha M. Singh. Let the matter be listed on 16.05.2024 before Hon‟ble Judge In-charge (Original Side).

$~29 to 33 ARB.P. 634/2024 SATNAM ENTERPRISES PRIVATE LIMITED ..... Petitioner Mr. Tanmaya Mehta and Ms. Rashmi Gogoi, Advocates.