Allowed

Paul Deepal Rajaratnam & Ors. v. Surgeport Logistics Pvt. Ltd. & Anr.

Delhi HC23 Aug 2024FAO(OS) (COMM)/142/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed the appeal, directing that the respondents' Section 9 interim relief application be subsumed as a Section 17 application before the constituted arbitral tribunal. The tribunal may vary the order or grant further relief.

What did the court decide?

The Section 9 application shall be treated as a Section 17 application; the tribunal may vacate, vary, or confirm the order.

Paul Deepal Rajaratnam & Ors. Vs Surgeport Logistics Pvt. Ltd… — Arbitration | Delhi HC (2024)

¶1

$~1

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

+ FAO(OS) (COMM) 142/2024 & CM Nos.39287-89/2024

¶4

PAUL DEEPAL RAJARATNAM & ORS. .....Appellants Through: Mr Ritin Rai, Sr Adv. with Mr S. Santanam Swaminadhan, Mr Ramit Singh, Mr Kartik Malhotra and Mr Anindit Mandal, Advs.

¶5

versus

¶6

SURGEPORT LOGISTICS PVT. LTD. & ANR. .....Respondents Through: Ms Rimali Batra, Mr Abhishek Lalwani and Mr Krishan Kumar, Advs.

¶7

CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

¶8

O R D E R

¶9

% 23.08.2024 [Physical Hearing/Hybrid Hearing (as per request)]

¶10

CM No.39289/2024

¶11

Allowed, subject to the appellants filing legible/translated copies of the annexures, at least three (03) days prior to the next date of hearing. FAO(OS) (COMM) 142/2024, CM No.39287/2024 [Application filed on behalf of the appellants seeking to place on record additional documents] & CM No.39288/2024 [Application filed on behalf of the appellants seeking interim relief]

¶12

This appeal is directed against the judgment and order dated 16.05.2024, FAO(OS) (COMM) 142/2024 page 1 of 3

¶13

This is a digitally signed order.

¶14

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 29/08/2024 at 12:28:22

¶15

passed by the learned Single Judge, in an application preferred by the respondents under Section 9 of the Arbitration and Conciliation Act, 1996 [in short, “1996 Act”].

¶16

We are informed by the learned counsel for the parties that an arbitral tribunal has been constituted, which is likely to convene on 14.09.2024.

¶17

3.1 Furthermore, we are also told that the respondents have been given time up until tomorrow, i.e., 24.08.2024 to prefer an application under Section 17 of the 1996 Act.

¶18

Given this position, we are inclined to dispose of the present appeal with the following directions:

¶19

(i) The application filed by the respondents under Section 9 of the 1996 Act [ qua which the impugned judgment and order has been passed], will be treated by the arbitral tribunal as an application under Section 17 of the 1996 Act. (ii) The arbitral tribunal will, after hearing both sides, be at liberty to vacate/vary/modify or even confirm the order and if necessary, grant further relief(s), as may be available in law.

¶20

Needless to say, the respondents will be at liberty to move a fresh application under Section 17 of the 1996 Act.

¶21

Given the aforesaid, the respondents will place the order passed today before the learned Single Judge, who will pass appropriate orders qua the application preferred by the respondents under Section 9 of the 1996 Act, having regard to the directions contained herein.

¶22

FAO(OS) (COMM) 142/2024

¶23

page 2 of 3

¶24

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 29/08/2024 at 12:28:22

¶25

The appeal is disposed of in the aforesaid terms.

¶26

Consequently, the pending applications shall stand closed.

¶27

RAJIV SHAKDHER, J

¶28

AMIT BANSAL, J

¶29

AUGUST 23, 2024 / aj

¶30

Click here to check corrigendum, if any

¶31

FAO(OS) (COMM) 142/2024

¶32

page 3 of 3

¶33

This is a digitally signed order.

¶34

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶35

The Order is downloaded from the DHC Server on 29/08/2024 at 12:28:22

Paul Deepal Rajaratnam & Ors. v. Surgeport Logistics Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Paul Deepal Rajaratnam & Ors. v. Surgeport Logistics Pvt. Ltd. & Anr.

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

M/S Himalayan Ales Private Limited Vs M/S Adaab Hotels Ltd.

M/S Mgi (India) Pvt. Ltd. Vs M/S International Design & Engineering Solutions Pvt. Ltd.

Darshna Devi Vs Anil Kumar

Kohli One Housing and Development Pvt. Ltd. Vs C.S. Agarwal & Ors.

Rajiv Gulati Vs Roma Gulati

M/S Vision 9 & Anr. Vs Sun Broadcast Equipments Pvt. Ltd.