SCHNEIDER ELECTRIC INDIA PVT LTD v. IIC LTD & ORS

Delhi High Court · 07 Aug 2015 · 2015:DHC:11097
J.R. Midha
O.M.P. 1196/2014
2015:DHC:11097
civil appeal_dismissed

AI Summary

The Delhi High Court directed that petitions under Section 9 of the Arbitration Act be treated as Section 17 applications and adjudicated by the arbitrator, extending interim relief until such adjudication.

Full Text
Translation output
$,.-9 HIGH COURT OF DELHI
O.M.P. 1196/2014 and I.A. Nos.21073/2014 and 21820/2014
SCHNEIDER ELECTRIC INDIA PVT LTD ..... Petitioner
Through: Mr. Rishi Kapoor and Ms. Manasvi Agrawal, Advocates
VERSUS
IIC LTD & ORS Respondents
Through: Mr. Chetan Sharma, Senior Advocate with Mr. Karan Luthra and Ms. Aayushi, Advocates
O.M.P. 1199/2014 and I.A. Nos.21069/2014 and 21823/2014
SCHNEIDER ELECTRIC INDIA PVT LTD .....Petitioner
Through: Mr. Rishi Kapoor and Ms. Manasvi Agrawal, Advocates
VERSUS
TIC LTD & ORS Respondents
Through: Mr. Chetan Sharma, Senior Advocate . with Mr. Karan Luthra and Ms. Aayushi, Advocates
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
07.08.2015
ORDER

1. Learned counsels for both the parties agree that these petitions under Section 9 of the Arbitration and Conciliation Act, 1996 be treated as applications under Section 17 of the Arbitration and Conciliation Act and the same be heard and decided by the learned arbitrator, who has already entered upon reference. 2015:DHC:11097 'NI-k

2. Learned senior counsels for the respondent submits that the application for vacation of the ex parte stay be treated as a reply to the petition and if any further pleadings are required, the parties shall complete the same within one week.

3. Learned counsels for both the parties further agree that they shall file the copies of the pleadings of these petitions before the learned arbitrator within one week and the interim order dated 29th September, 2014 be extended till the arbitrator adjudicates the matter under Section 17 of the Arbitration and Conciliation Act.

4. The petitions are disposed of in terms of the statement of the parties. The learned arbitrator shall treat these petitions under Section 9 of the Arbitration and Conciliation Act as applications under Section 17 of the Arbitration and Conciliation Act and shall pass an appropriate order after hearing the parties. Learned arbitrator shall expedite the matter with respect to Section 17 of the Arbitration and Conciliation Act and shall make an endeavour to adjudicate the matter within a period of two months from today. The interim order dated 29th September, 2014 shall continue till the adjudication of the applications under Section 17 of the Arbitration and Conciliation Act.

5. Both the parties shall prepare a compilation of the pleadings of these petitions and shall submit the same before the learned arbitrator within a period of one week, whereupon the learned arbitrator shall fix a date for hearing.

6. Copy of this order be given dasti to counsels for the parties under the signatures of the Court Master. (4^^ J.R. MIDHA, J. AUGUST 07, 2015 rsk