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High Court of DelhiARB.P./27/2018

Connect Architectural Products Pvt. Ltd v. Era Infra Engineering Ltd. & ANR.

2018-01-16Hon'Ble Mr. Justice Navin Chawla2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 27/2018 CONNECT ARCHITECTURAL PRODUCTS PVT. LTD ..... Petitioner Through: Mr.Maneesh Kumar, Mr.Aashish Kumar, Advs.

versus ERA INFRA ENGINEERING LTD. & ANR.

..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 16.01.2018 IA 621/2018 Exemption allowed subject to all just exceptions. Arb. P. 27/2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner seeking appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Work Orders that were purportedly given by the respondent to the petitioner. Admittedly, there are three Work Orders in question for different sites, in fact different cities. Though these Work Orders contain an arbitration agreement, in view of the judgment of the Supreme Court in Duro Felguera, S.A. vs. Gangavaram Port Limited (2017) 9 SCC 729, a joint petition seeking appointment of an

Arbitrator in respect of three different contracts would not be maintainable.

The petition is, therefore, dismissed giving liberty to the petitioner to file fresh petitions in accordance with law. NAVIN CHAWLA, J JANUARY 16, 2018 RN