Gujarat State Fertilizers & Chemicals Limited v. M/S. Gail India Ltd.

$~29, 32 & 37 to 41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 111/2019 + O.M.P.(I) (COMM.) 258/2019 + ARB.P. 500/2019 + ARB.P. 501/2019 + ARB.P. 502/2019 + ARB.P. 503/2019 + ARB.P. 504/2019 GUJARAT STATE FERTILIZERS & CHEMICALS LIMITED ..... Petitioner Through:

Mr. Kunal Vyas and Mr. P.

Bhattacharya, Advs.

versus GAIL (INDIA) LTD.

..... Respondent Through:

Mr. Sanjeev Sagar and Ms. Nazia Parveen, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 12.09.2019 ARB.P. 500/2019 ARB.P. 501/2019 ARB.P. 502/2019 ARB.P. 503/2019 ARB.P. 504/2019 I have been informed by Mr. Sanjeev Sagar, learned counsel appearing for the Gail India Limited that Justice K.S.P. Radhakrishnan, retired Judge of Supreme Court has been appointed a sole Arbitrator.

If that be so, the present petitions have become infructuous and are disposed of accordingly.

O.M.P.(I) (COMM.) 111/2019 O.M.P.(I) (COMM.) 258/2019 Insofar as these petitions are concerned, the same are filed under Section 9 of the Arbitration and Conciliation Act, 1996. In view of the fact that the respondent Gail India Limited has appointed Justice K.S.P. Radhakrishnan, retired Judge of Supreme Court as a sole Arbitrator, these petitions shall be treated as applications under Section 17 of the Arbitration and Conciliation Act, 1996 to enable the parties herein make their submissions before the learned Arbitrator, who shall consider the same and pass appropriate orders in accordance with law. The parties shall be at liberty to file additional documents before the learned Arbitrator. The statement made by Mr. Sanjeev Sagar dated April 09, 2019 in O.M.P.(I) (COMM.) 111/2019 and the benefit thereof having been extended in O.M.P.(I) (COMM.) 258/2019 reflected in the order dated August 09, 2019 shall continue till the learned Arbitrator passes the orders. The petitions are disposed of.

V. KAMESWAR RAO, J SEPTEMBER 12, 2019/aky