High Court of DelhiO.M.P.(I) (COMM.)/141/2016

Eskay K'N'It (India) Ltd v. National Textiles Corporation Limited

2016-10-21Hon'Ble Dr. Justice S.Muralidhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 141/2016 ESKAY K'NIT (INDIA) LTD .... Petitioner Through: Ms. Urmila Purkayashtha, Advocate.

versus NATIONAL TEXTILE CORPORATION LTD ..... Respondent Through: Mr. Ashok Kumar Singh, Senior Advocate with Mr. Arush Pathania, Ms, Mehak Huria, Advocates.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 21.10.2016 O.M.P.(I) (COMM.) 141/2016 & IA No. 19927 of 2012( O. 39 Rule 4 CPC) & IA No. 19928 of 2012(stay)

1. This petition under Section 9 of the Arbitration & Conciliation Act, 1996 ('Act') is pending before this Court for more than six years. There is an interim order passed on 1st October, 2010 directing the parties to maintain the status quo with regard to the possession in respect of four mills, namely, Swadeshi Cotton Mills, Mau (UP); Laxminarayan Cotton Mills, Rishra, Hooghly (West Bengal); Sodepur Cotton Mills, Sodepur (West Bengal); and Orissa Cotton Mills, Bhagatpur, Cuttack, Orissa. 2.The Respondent has filed an application under Order 39 Rule 4 CPC for vacation of the said interim order. It is at this stage that the proceedings are pending before this Court.

OMP(I)(Comm) 141/2016 Page 1 of 2

3. In the meanwhile, the arbitration has proceeded and the evidence of the Claimant has concluded. The examination of the witnesses of the Respondent is underway. It appears that if the adjournments are not granted, the Arbitrator is likely to conclude the proceedings in the next six months.

4. In that view of the matter, the Court directs that the application filed by the Respondent under Order 39 Rule 4 of CPC now be presented in the arbitral proceedings to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 ('Act') and be dealt by the Arbitral Tribunal ('AT') in accordance with law. It will be open to the AT to vary, vacate or modify the interim order dated 1st October, 2010.

5. The petition is disposed of in the above terms. The pending applications are also disposed of.

S. MURALIDHAR, J OCTOBER 21, 2016 mg OMP(I)(Comm) 141/2016 Page 2 of 2