Allowed

Gh Cranes India Pvt. Ltd. v. Isgec Heavy Engineering Limited

Delhi HC9 Apr 2024O.M.P. (T) (COMM.)/32/2024

Case brief

AI extract

What is this about?

This order allowed a petition to substitute a sole arbitrator who had recused herself in an arbitration dispute between GH Cranes India Pvt Ltd and ISGEC Heavy Engineering Limited, appointing Justice A.K. Chawla as the new arbitrator under DIAC.

What did the court decide?

Appointment of Justice A.K. Chawla as Sole Arbitrator under DIAC; directions for record transfer and declaration under Section 12.

Gh Cranes India Pvt. Ltd. Vs Isgec Heavy Engineering Limited — Arbitration | Delhi HC (2024)

¶1

$~55

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- O.M.P. (T) (COMM.) 32/2024

¶4

GH CRANES INDIA PVT LTD ..... Petitioner

¶5

Through: Mr Pawan Prakash Pathak, Mr Monu Kumar and Mr Sumit, Advs.

¶6

versus

¶7

ISGEC HEAVY ENGINEERING LIMITED ..... Respondent Through: Mr J K Bhola, Adv. (through VC) with Mr Ankit Jain, Adv.

¶8

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 09.04.2024

I.A. 7973/2024

Exemption is granted subject to all just exceptions.

¶13

The petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.

¶14

The application is disposed of.

¶15

O.M.P. (T) (COMM.) 32/2024

¶16

This is a petition seeking substitution of the Arbitrator in view of the order dated 29.02.2024 wherein the learned Sole Arbitrator appointed by this Court rescued herself.

¶17

Issue notice.

¶18

Mr Bhola, learned counsel accepts notice on behalf of the respondent and states that he has no objection to the petition being allowed.

¶19

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 23/04/2024 at 11:43:41

¶20

For the said reasons, the petition is allowed. Since the parties are still having disputes between them, the following directions are issued:-

¶21

i) Justice A.K. Chawla (Retd.) (Mob. No. 9910384636) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

¶22

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‟).

¶23

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

¶24

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.

¶25

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

¶26

vi) I am informed that the arbitration proceedings are at the stage of admission/denial of documents and for framing of issues. For the said reasons, learned Arbitrator is requested to proceed from the stage where the earlier Arbitrator had left the proceedings.

¶27

vii) The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

¶28

viii) The parties are directed to collect the arbitral records from the earlier Arbitrator and deposit it with the DIAC.

¶29

This is a digitally signed order.

¶30

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 23/04/2024 at 11:43:41

¶31

This court while allowing the petition has not commented on the merits of the matter and has only passed the present order in view of the „no objection‟ of the respondent.

¶32

JASMEET SINGH, J

¶33

APRIL 9, 2024/ sr

¶34

Click here to check corrigendum, if any

¶35

Gh Cranes India Pvt. Ltd. v. Isgec Heavy Engineering Limited

Case brief

What is this about?

What did the court decide?

Gh Cranes India Pvt. Ltd. v. Isgec Heavy Engineering Limited

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

Similar cases

Nirmal Kumar Vs Dinesh Kumar & Ors.

Pooja Finlease Limited Vs Shri Rajnish Karki

M/S Meinhardt Australia Pty Ltd. Vs Airport Authority of Indai & Ors.

Parsvnath Estate Developers Private Limited Vs Facebook India Online Services Pvt. Ltd.

Central University of Jharkhand Vs M/S. King Furnishing and Safe Co.

Sunil Bansal HUF & Ors. Vs Scholar Alley Pvt. Ltd.