Tanmay Virambhai Patel @ Tanmay Patel v. Tanish Agriscience Pvt. Ltd.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB. A. (COMM.) 30/2023, I.A. 12530/2023, I.A. 12532/2023 TANMAY VIRAMBHAI PATEL @ TANMAY PATEL.... Petitioner Through:

Mr. S. S. Pandey, Mr. Narendra Ramnani, Advs. (VC).

versus TANISH AGRISCIENCE PVT LTD ..... Respondent Through:

Mr. Amit Jain, Mr. Arun Dalal, Advs.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 09.01.2024 1.

The present petition has been filed challenging the order dated 27.04.2023 whereby the learned Arbitral Tribunal has inter alia passed the following order:

"11. That keeping in view the balance of convenience, and keeping in view a prima facie conspectus of the facts, I deem it appropriate for the respondent to make a Fixed Deposits of an amount of Rs. 1,86,51,929/- in its own name with a lien marked to this Tribunal and deposit a copy of the same with this Tribunal. The fixed deposit shall be made for a period of 1 (one) year initially and shall be subject to further orders/award passed by this Tribunal." 2.

During the course of the arguments, learned counsel for the petitioner submits that without prejudice to his contentions and rights, he may be given six weeks time to deposit the amount as directed by the learned Arbitral Tribunal.

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 13/05/2024 at 12:13:16

3.

Learned counsel for the petitioner has also submitted that the learned Arbitral Tribunal may also be directed to decide the matter on merit independently without being influence by the impugned order passed by the learned Arbitral Tribunal in accordance with law. 4.

Learned counsel for the respondent submits that four weeks time may be granted to deposit the amount.

5.

In view of the submissions made by the learned counsels, the present petition stands disposed of with the following directions: i.

The petitioner shall deposit the amount in FD as directed in Para-11 of the impugned order within six weeks from today. ii.

Learned Arbitrator shall decide the matter independently without being influenced by the impugned order dated 27.04.2023 in accordance with law as expeditiously as possible. 6.

In view of the submissions made, the present petition along with pending application stands disposed of.

DINESH KUMAR SHARMA, J JANUARY 9, 2024/AR..

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 13/05/2024 at 12:13:16