Disposed

Vci Management Services Private Ltd. v. Himachal Pradesh Cricket Association ( Hpca)

Himachal Pradesh HC9 Dec 2014ARB.C/64/2014

Case brief

AI extract

What is this about?

The High Court, upon mutual agreement of parties to refer their dispute to arbitration, constituted an arbitral tribunal and imposed a strict procedural timeline for filing claims, replies, and determining the final award under Section 11 procedure.

What did the court decide?

Constitution of the Arbitral Tribunal; timelines fixed for filing claims, replies and passing award; existing interim orders maintained.

Vci Management Services Private Ltd. Vs Himachal… — Arbitration | Himachal Pradesh HC (2014)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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Arb. Case No. 64 of 2014 Decided on: 9.12.2014

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VCI Management Services Private Limited …Petitioner. Versus Himachal Pradesh Cricket Association. …Respondent. ________________________________________________________

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Coram:

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Hon’ble Mr. Justice Rajiv Sharma, Judge.

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Whether approved for reporting?¹ For the Petitioner : Mr. Ajay Mohan Goel, Advocate. For the Respondent: Mr. Vikrant Thakur, Advocate.

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Justice Rajiv Sharma, Judge (oral).

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The pleadings are complete. The dispute has arisen between the parties. The parties have agreed mutually to refer the matter to the arbitral tribunal as per clause 23 of the agreement entered into between the parties.

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Accordingly, with the consent of the parties, Mr. J.S. Bhogal, Sr. Advocate, Mr. P.C. Kapoor, Addl. 1 Whether reporters of the local papers may be allowed to see the judgment?

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Chief Secretary (Retired), Hari Villa, Near Forest Rest House, Khalini, Shimla-2 and Mr. Sanjeev K. Suri, Advocate are appointed as arbitral tribunal. The arbitral tribunal is directed to enter into reference immediately after the receipt of the copy of the order. Thereafter, the petitioner is directed to file claim petition within a period of one week. Reply be filed by the respondent within a further period of one week. The pleadings, including, rejoinder and counter-claim, shall also be completed by the parties within a period of four weeks after entering into reference by the arbitral tribunal. It shall be open to the arbitral tribunal to determine its own procedure with the consent of the parties. It shall also be open to the arbitral tribunal to fix its fee. The award shall be made strictly as per the provisions of the Arbitration and Conciliation Act, 1996 within two months. Needless to add that the arbitral tribunal shall pass a speaking order. The Registry of this Court is directed to immediately inform Mr. J.S. Bhogal, Sr. Advocate, Mr. P.C. Kapoor, Addl. Chief Secretary (Retired) and Mr. Sanjeev K. Suri, Advocate

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about the passing of the order by sending a copy of this order to them. It is made clear by way of abundant precaution that Mr. J.S. Bhogal, Sr. Advocate would be the umpire.

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The interim direction dated 30.10.2014 shall continue during the arbitral proceedings. However, it shall be open to the parties to approach the arbitral tribunal for further interim relief. Mr. Vikrant Thakur submits that the licences of the respondent/ establishments are not being renewed. Respondentassociation is permitted to file application seeking necessary permission from the statutory authorities within a period of one week. Thereafter, the same shall be considered by the statutory authorities within a period of one week.

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In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs.

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(Justice Rajiv Sharma), Judge.

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9.12.2014

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awasthi

Vci Management Services Private Ltd. v. Himachal Pradesh Cricket Association ( Hpca)

Case brief

What is this about?

What did the court decide?

Vci Management Services Private Ltd. v. Himachal Pradesh Cricket Association ( Hpca)

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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