Raunak Retails Private Limited v. Caratlane Trading Private Limited

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB. A. (COMM.) 57/2024 RAUNAK RETAILS PRIVATE LIMITED .....Appellant Through:

Mr. Divyanshu Kumar Srivastava and Mr. Yash Jain, Advs.

versus CARATLANE TRADING PRIVATE LIMITED .....Respondent Through:

Mr. Rajiv Nayyar, Sr. Adv. along with Mr.

Ajay Bhargava, Mr.

Thriyambak J. Kanna, Mr. Milind Jain and Ms. Phalguni Nigam, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 14.11.2024

O R D E R

CAV 557/2024 and CAV 558/2024 1.

Learned counsel appears for the respondent.

2.

Caveats stand discharged.

IA Nos.44937/2024 (Exemption from filing certified copies of impugned order) 44938/2224 (Exemption for allowing lengthy synopsis and list of dates), 44939/2024 (Exemption from filing fair typed copies of dim annexures) 3.

Allowed, subject to all just exceptions.

4.

Applications stand disposed of.

ARB. A. (COMM.) 57/2024 and IA No.44936/2024 (Stay) 5.

After some hearing, learned counsel for the appellant confines himself to seeking that during the course of the verification and valuation exercise, as directed to be done by the learned Arbitrator, the appellant's own representative/valuer be allowed to remain present, and also allowed 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 01/07/2025 at 23:41:44

examine the stocks for the purpose of verifying/valuing the same, for the appellant's purposes.

6.

Learned counsel for the respondent has no objection to the said suggestion, provided that the representative/valuer engaged by the appellant does not interfere with the exercise to be carried out by the valuer appointed by the learned Arbitrator. Learned counsel for the appellant accedes to the same.

7.

Accordingly, without disturbing the directions contained in the impugned order passed by the learned Arbitrator, it is directed that during the verification and valuation exercise, as contemplated to be carried out in terms thereof, the appellant shall be entitled to depute a representative/valuer of its own, who shall be entitled to remain present and who shall be entitled to inspect and take photographs of the stocks for valuation/other purposes of the appellant. It is clarified that the appellant's representative/valuer shall not obstruct or interfere in any manner whatsoever with the exercise to be carried out in terms of the impugned order passed by the learned Arbitrator. 8.

The appeal is disposed of in the aforesaid terms. 9.

Needless to say, the impugned order/s under Section 17 of the Arbitration and Conciliation Act, 1996, shall be subject to further orders/final award that may be passed by the learned Arbitrator. SACHIN DATTA, J NOVEMBER 14, 2024/cl 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 01/07/2025 at 23:41:44