Allowed

Highground Energy through Its Directors v. Vrg Energy India Pvt. Ltd. & Ors.

Delhi HC17 May 2024ARB.P./390/2024

Case brief

AI extract

What is this about?

Petition under Section 11 seeking appointment of an arbitrator over disputes under an EPC Agreement. Respondent served by email did not appear. The court appointed Ms. Bhawna Khanna as sole arbitrator, with proceedings under DIAC and remuneration per the Fourth Schedule.

What did the court decide?

Ms. Bhawna Khanna appointed sole arbitrator; arbitration to be conducted under DIAC aegis with Fourth Schedule remuneration.

Highground Energy through Its Directors Vs Vrg Energy India Pvt… — Arbitration | Delhi HC (2024)

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$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI

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ARB.P. 390/2024 HIGHGROUND ENERGY THROUGH ITS DIRECTORS ..... Petitioner Through: Mr. Deepak Vuttsya, Adv. versus VRG ENERGY INDIA PVT LTD & ORS. ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 17.05.2024

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This is a petition seeking appointment of an arbitrator arising out of the Engineering Procurement and Construction Agreement (EPC Agreement) dated 19.09.2020.

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The arbitration clause is clause 15 of the EPC Agreement.

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Since the parties were having disputes, the petitioner invoked arbitration vide legal notice dated 30.12.2023.

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On filing of the petition, this court was pleased to issue notice on 20.03.2024 through all modes including electronic.

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My attention has been drawn to an affidavit of service, wherein the notice has been served to the respondent at 3 emails, namely, [email protected], [email protected], [email protected].

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These are the email addresses from which emails have been exchanged between the parties and are on record.

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It is stated by Mr. Vuttsya, learned counsel for the petitioner that there is no other email given in the agreement between the parties.

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For the reasons stated, I am satisfied that the respondent has been

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This is a digitally signed order.

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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 31/05/2024 at 12:02:59

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served and despite service, there is no appearance on behalf of the respondent.

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For the said reasons, the petition is allowed and the following directions are issued:-

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i) Ms. Bhawna Khanna, Adv. (Mob. No. 9810071710) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the ‘DIAC’). The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

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iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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iv) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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v) The parties shall approach the learned Arbitrator within two weeks from today.

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JASMEET SINGH, J

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MAY 17, 2024 / (MS)

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Click here to check corrigendum, if any

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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 31/05/2024 at 12:02:59

Highground Energy through Its Directors v. Vrg Energy India Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Highground Energy through Its Directors v. Vrg Energy India Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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