Disposed

The Indure Pvt. Ltd. v. Larsen and Toubro Limited & Anr.

Delhi HC8 Jul 2025CS(COMM)/602/2021

Case brief

AI extract

What is this about?

Commercial suit over a contractual dispute was disposed of with parties' consent by referring them to arbitration. The Court appointed a former Chief Justice as Sole Arbitrator, converted the pending interim relief application into one under Section 17, continued the earlier interim order until that prayer is decided, and left venue open.

What did the court decide?

Suit disposed of; parties referred to Sole Arbitrator (Justice Ravi Shankar Jha, retd.) appointed by the Court; interim order dated 24.11.2021 continued till Section 17 decision; venue left open.

The Indure Pvt. Ltd. Vs Larsen and Toubro Limited & Anr. — Arbitration | Delhi HC (2025)

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$~O-37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 602/2021 and, I.A. 15401/2021 ,I.A. 7852/2022, I.A. 5880/2023 THE INDURE PVT LTD .....Plaintiff

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Through: Mr. Sandeep Sethi, Sr. Adv with Mr. Prashant Mehta, Mr. Varun Gupta, Ms. Simran Wason, Mr. Akhil G. Kurup and Mr. Ronak Gupta, Advs.

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versus

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LARSEN AND TOUBRO LIMITED & ANR. .....Defendants Through: Mr. Dayan Krishnan, Sr. Adv with Mr. Susmit Pushkar, Mr. Anchit Oswal, Mr. Raj Mohan Gupta ad Ms. Naina Agarwal, Advs for D-1. Mr. Hitesh Sachar, Ms. Anju Jain and Mr. Lakshay Nagpal, Advs for D-2.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R

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% 08.07.2025

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The instant matter has been argued for some time by learned counsel for the parties.

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However, during the course of submissions, Mr. Sandeep Sethi, learned senior counsel appearing on behalf of plaintiff, on instructions, submits that he has no objection if the matter is referred to the Sole Arbitrator, to be appointed by this Court who could deal with the main controversy in view of the arbitration clause, subject to interim order being extended for a reasonable period of time.

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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 14/07/2025 at 13:05:58

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The aforesaid submission made by Mr. Sethi seems to be reasonable and is not opposed by Mr. Dayan Krishnan, learned senior counsel for the defendants.

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Accordingly, with consent of the parties, the Court deems it appropriate to dispose of the instant civil suit with the following directions:

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(i) The parties are referred to the Sole Arbitrator, who shall adjudicate the dispute. Hon’ble Mr. Justice Ravi Shankar Jha, former Chief Justice of Punjab and Haryana High Court (Mobile No. 9425153362, Email: [email protected]) is appointed as the Sole Arbitrator.

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(ii) The Application, filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, shall be treated to be an application under Section 17 of the Arbitration and Conciliation Act, 1996 (the Act). The pleadings, qua the said application is complete. However, the parties shall be at liberty to file their revised written submissions along with relevant decisions, within a reasonable period of time to be assigned by the learned Sole Arbitrator.

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(iii) The interim order dated 24.11.2021 shall remain in force till the prayer for interim relief is decided in terms of the provisions of Section 17 of the Act.

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(iv) Notwithstanding the fact that the arbitration clause prescribes the venue of the arbitration as Mumbai, the Court leaves it open for the learned Sole Arbitrator to decide the venue of the Arbitration, as agreed upon by the parties.

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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 14/07/2025 at 13:05:58

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Further, it is directed that the Sole Arbitrator shall be entitled to fee in accordance with the IVth Schedule of the Act; or as may otherwise be agreed to between the parties and the Sole Arbitrator.

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The parties shall share the Arbitrator's fee and arbitral cost equally.

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All rights and contentions of the parties in relation to the claims/counterclaims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law.

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Let a copy of the said order be sent to the learned Sole Arbitrator through the electronic mode as well.

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Accordingly, the instant suit stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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JULY 8, 2025 aks/mj

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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 14/07/2025 at 13:05:58

The Indure Pvt. Ltd. v. Larsen and Toubro Limited & Anr.

Case brief

What is this about?

What did the court decide?

The Indure Pvt. Ltd. v. Larsen and Toubro Limited & Anr.

Case brief

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What did the court decide?

What the court decided

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