Tata Steel Limited v. Ms Vistrat Real Estate Private Limited & Ors.
Arbitration and Conciliation Act, 1996 – Section 8 read with Order VII Rule 11 CPC and Section 89 CPC
Case brief
What is this about?
Tata Steel Limited v. M/s Vistrat Real Estate Pvt Ltd & Ors, CS(COMM) 911/2023 (Delhi HC, Anish Dayal J, 11.02.2025): suit for ~Rs.36.40 crores plus interest on Memorandum of Security Deposit; D-1's applications under S.8 A&C Act and O.VII R.11 CPC not decided on merits; disputes referred to arbitration under S.89 CPC by consent; Justice Rajiv Shakdher (Retd.), former Chief Justice, HP High Court, appointed Sole Arbitrator, fee per Fourth Schedule A&C Act; plaintiff barred from objecting to arbitrability; court fee refunded; connected matter CS(COMM) 634/2024 similarly referred; petition disposed.
What did the court decide?
Petition disposed of with all pending applications; disputes referred to arbitration under Section 89 CPC on consensus; Mr. Justice Rajiv Shakdher (Retd.) appointed Sole Arbitrator (fee per Fourth Schedule, A&C Act); plaintiff not to object to arbitrability; court fee to be refunded to the plaintiff.