← Library
High Court of DelhiO.M.P.(I) (COMM.)/294/2023

Rishabh Constructions Pvt. Ltd. v. Union Of India

2024-02-13Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 294/2023 RISHABH CONSTRUCTIONS PVT. LTD.

..... Petitioner Through:

Mr. Dinesh Kumar Mishra and Mr B.

K. Sharma, Advs. (M. 9314036410) versus UNION OF INDIA ..... Respondent Through:

Mr. Harish Vaidyanathan, CGSC with Mr.

Tarveen Singh Nanda, Govt Pleader. (M: 9555551536)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 13.02.2024 1.

This hearing has been done through hybrid mode. 2.

In the connected petition under Section 11 being Arbitration Petition 63/2024, the ld. Single Judge has already appointed a Sole Arbitrator i.e.,Ms. Justice Geeta Mittal, Former Chief Justice of J & K High Court (Mobile No.981800020) to adjudicate the disputes between the parties. The present petition is under Section 9 of the Arbitration Act seeking interim relief for release of bank guarantees to the tune of Rs.10.849 crores.

3.

Considering that the Arbitrator has already been appointed, the Petitioner is free to approach the ld. Arbitrator under Section 17 of the Arbitration Act for the said reliefs.

4.

Mr. Arun Aggarwal, ld. Counsel for Union Bank has assured the Court that the bank guarantees are currently alive. The charges for 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 16/12/2024 at 16:41:51

extension shall be paid by the Petitioner with the Bank within two weeks. All formalities shall also be completed within two weeks. The bank guarantees shall be extended. The same shall, however, not be invoked till the ld. Arbitrator decides the Section 17 application. The application filed by the Bank is also disposed of in these terms. 5.

The charges for the bank guarantee extension, if any, shall be considered as part of the claims to be filed by the Petitioner before the ld. Arbitrator.

6.

Petition is disposed of with all pending applications, if any. PRATHIBA M. SINGH, J.

FEBRUARY 13, 2024 mr/ks 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 16/12/2024 at 16:41:51