Disposed

M/S Velocis System Pvt. Ltd. v. Container Corporation of India Ltd.

Delhi HC6 Sept 2024O.M.P.(I) (COMM.)/97/2024

Case brief

AI extract

What is this about?

Petitioner sought an injunction under Section 9 of the Arbitration Act against respondent's termination and penalties. Parties consented to arbitration. Court appointed a sole arbitrator to adjudicate all disputes, leaving merits and preliminary objections open for future adjudication.

What did the court decide?

Appointment of Justice Mukta Gupta (Retd.) as Sole Arbitrator; parties to approach arbitrator within two weeks to file claims.

M/S Velocis System Pvt. Ltd. Vs Container Corporation of India Ltd. — Arbitration | Delhi HC (2024)

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(I) (COMM.) 97/2024, I.A. 7216/2024, I.A. 31739/2024

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M/S VELOCIS SYSTEM PVT LTD .....Petitioner

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Through: Mr. Rajesh Mohan Sinha, Mr. Prateek Mohan Sinha, Ms. Nandini Harlu, Ms. Namita Sinha, Advs.

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versus

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CONTAINER CORPORATION OF INDIA LTD .....Respondent Through: Mr. Sanjay Jain, Sr. Adv. with Mr. RK Joshi, Mr. Ojusya Joshi, Ms. Harshita, Advs.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 06.09.2024

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This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking restrain against the respondent from terminating, blacklisting and imposing penalty qua purchase order No. CON/IT/2547 dated 17.12.2020.

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It is agreed that since no interim orders were granted earlier, the bank guarantee has already been encashed.

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The parties agree that an Arbitrator be appointed by this court to adjudicate the dispute between the parties and all the claims/counter-claims, including application under Section 17 of the Arbitration and Conciliation Act, 1996, be permitted to be filed before the Arbitrator.

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In view of the above, the petition is disposed of with the following

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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 11/09/2024 at 12:40:15

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directions:

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i) With consent of parties, Justice Mukta Gupta (Retd.) (Mob. No. 9650788600) 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 DIAC fee schedule.

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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/counter-claims and 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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SEPTEMBER 6, 2024/DM Click here to check corrigendum, if any

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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 11/09/2024 at 12:40:15

M/S Velocis System Pvt. Ltd. v. Container Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

M/S Velocis System Pvt. Ltd. v. Container Corporation of India Ltd.

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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