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High Court of DelhiW.P.(C)/4309/2020

Showcraft Productions Pvt. Ltd. v. Government Of Delhi

2020-07-17Hon'Ble Mr. Justice Navin Chawla2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4309/2020 SHOWCRAFT PRODUCTIONS PVT. LIMITED ..... Petitioner Through:

Mr.Annirudh Sharma, Adv.

versus GOVERNMENT OF DELHI ..... Respondent Through:

Mr.Ramesh Singh, SC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 17.07.2020 This hearing has been held through video conferencing. CM No.15509/2020 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 4309/2020 & CM No. 15508/2020 The present petition has been filed by the petitioner inter alia praying for the following reliefs:- "a.

Pass appropriate writ, order or direction thereby declaring the constitution of the committee under Clause 3.4 of the Memorandum of Understanding dated 06.03.2018 to be beyond the scope of the Memorandum of Understanding illegal, arbitrary and unjust; and; b.

Pass appropriate writ, order or direction thereby declaring the minutes of meeting dated 03.05.2018 to be illegal, arbitrary and unjust; and;

c.

Pass an order or direction to stay the operation of the minutes of meeting dated 03.05.2018; and;

d.

Pass any order or direction restraining the Respondents to rely upon the decision of the committee and its meeting dated 03.05.2018 before any other court, tribunal or authority;"

Admittedly, the parties are in arbitration before an Arbitral Tribunal for adjudication of their disputes that have arisen between them in relation to the Memorandum of Understanding (MoU) dated 06.03.2018. In my view, the scope of Clause 3.4 of the said MoU as also the validity and effect of the Minutes of Meeting dated 03.05.2018, are disputes which are to be adjudicated by the Arbitral Tribunal itself. In view of the above, the present petition is not maintainable. The same is dismissed, granting liberty to the petitioner to raise its pleas as raised in the present petition before the Arbitral Tribunal. It is made clear that this Court has not expressed any opinion on the claim raised by the petitioner in the present petition.

NAVIN CHAWLA, J JULY 17, 2020/rv