Dismissed

Purnima Saini v. Bses Rajdhani Power Limited & Anr.

Delhi HC1 Apr 2024W.P.(C)/3826/2024

Case brief

AI extract

What is this about?

Petitioner challenged a notice threatening disconnection of electricity connections and a dues claim of Rs.49,73,058. Parties agreed disputes under the Licence Agreement's arbitration clause were to be resolved in arbitration. Petition was dismissed as withdrawn with liberty to seek appointment of a sole arbitrator or Section 9 relief.

What the court decided

AI extract

Purnima Saini Vs Bses Rajdhani Power Limited & Anr. — Arbitration | Delhi HC (2024)

¶1

$~58

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 3826/2024 and CM APPL.18881/2024 (Stay)

¶4

PURNIMA SAINI ..... Petitioner Through: Mr. Neeraj Shehar, Mr. Binod Gupta, Ms. Kshama Sharma and Mr. Kartik Kumar, Advs.

¶5

versus

¶6

BSES RAJDHANI POWER LIMITED & ANR. ..... Respondents Through: Mr. Manish Srivastava, Mr. Moksh Arora, Mr. Santosh Ramdurg and Mr. Yash Srivastava, Advs. for BSES RPL.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 01.04.2024

¶9

W.P.(C) 3826/2024 and CM APPL.18881/2024 (Stay)

¶10

The present petition has been filed by the petitioner being aggrieved by the impugned notice dated 04.03.2024, whereby the respondent no.1 has sought to disconnect the electricity connection of the building (12 metered connection) at property bearing no. A-1/63, 64, near 25 Foot Road, Chanakya Place Part-1, Uttam Nagar, New Delhi-110059. The petitioner also raisesa challenge to the claim of Rs.49,73,058.05, stated to have been asserted by the respondent in the impugned notice.

¶11

After some hearing, respective counsel for the parties are in agreement that the disputes between the parties emanate from the covenants contained in the Licence Agreement dated 22.02.2022, executed between the petitioner and the respondents. The terms thereof have been extensively referred to in the show cause notice dated 04.03.2024.

¶12

Admittedly, the Licence Agreement between the parties containsa

¶13

This is a digitally signed order. 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 04/04/2024 at 12:02:03

¶14

dispute resolution clause in the following terms:

¶15

“ 11. In case of any dispute between the parties, the same shall be resolved mutually whereas in case of failure in resolution of dispute by mutual deliberations of parties, the same shall be resolved/ adjudicated by the Sole Arbitrator mutually appointed by die parties. Whereas it isagreed between the parties that die notice/ intimation by the owner of vacation of premises byBRPL and/ or the claim of money qua use of the said premises shall not be accept ed as a point ofdispute before the Arbitration and/ ·or any other Judicial /quasi Judicial forum .”

¶16

After some hearing, respective counsel for the parties are in agreement that the disputes between the parties are liable to be resolved by taking recourse to the aforesaid disputes resolution clause.

¶17

The petitioner, accordingly, seeks leave to withdraw the present petition with liberty to take appropriate steps seeking appointment of a sole arbitrator and/or seeking appropriate injunctive orders under Section 9 of the Arbitration and Conciliation Act, 1996.

¶18

Accordingly, the present petition is dismissed as withdrawn, with liberty, as prayed for.

¶19

Learned counsel for the respondents submitsthat the without prejudice to its rights and contentions, the respondent shall maintain status quo and refrain from taking any precipitative steps qua the aforesaid electricity connection/s, for a period of three weeks from today, during which period the petitioner shall be at liberty to avail the aforesaid remedies. Needless to say, this Court has not expressed any opinion as regards the merits of the contention/s as may be raised by the petitioner in the proposed proceedings.

¶20

The date fixed, 26.04.2024 stands cancelled.

¶21

APRIL 1, 2024/ cl

¶22

Purnima Saini v. Bses Rajdhani Power Limited & Anr.

Case brief

What is this about?

What the court decided

Purnima Saini v. Bses Rajdhani Power Limited & Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Management of Moolchand Khairati Ram Hospital and Ayurvedic Research Institute Vs Sardaram Bhati

Kaushal Sangwan Vs Director General of Audit (Infrastructure), Delhi and Anr.

Mr. Gurmeet Singh Grewal & Ors. Vs Kotak Mahindra Bank Ltd.

Zomi Students Federation Vs Union Public Service Commission & Ors.

M/S Blue Moon Cafe Vs Deputy Commissioner of Police & Ors.

Kamlesh Sharma Vs Govt. of NCT of Delhi and Ors.

Karamvir Singh Vs Government of NCT Delhi and Ors.

Sh. Kulbhushan Kumar Vs Salwan Boys Sr. Sec. School and Anr.

M/S R.R. Builders and Furnishers Pvt. Ltd. Vs Tata Power Delhi Distribution Ltd. and Anr.

Pioneer Enterprises (I) Vs Govt. NCT of Delhi & Anr.

Rajiv Sharma Vs the Commissioner of Municipal Corporation of Delhi & Ors.

Naman Vs Municipal Corporation of Delhi (through Commissioner) & Ors.

Federation of Indian Chambers of Commerce and Industry Vs New Delhi Municipal Council & Anr.

Viduthalai Chiruthaigal Katchi Vs Election Commission of India