Jayaswal Neco Industries Ltd. v. Padam Kumar Jain & Anr.

Delhi High Court · 15 Apr 2015 · 2015:DHC:10719
S. Muralidhar
ARB.P. 550/2014
2015:DHC:10719
civil appeal_allowed

AI Summary

The Delhi High Court referred disputes to arbitration, holding that the validity of the arbitration agreement is to be decided by the arbitral tribunal, not the court at the reference stage.

Full Text
Translation output
<r , > HIGH COURT OF DELHI 5.
ARB.P. 550/2014
JAYASWAL NECO INDUSTRIES LTD. Petitioner
Through: Mr. GirishChandra, Advocate.
VERSUS
PADAM KUMAR JAIN & ANR. Respondents
Through: Mr. Gaurav Barathi and Mr. Shahbaz Ahmed, Advocates.
CORAM: JUSTICE S. MURALIDHAR
15.04.2015
ORDER

1. The parties were unable to arrive at a settlement.

2. Learned counsel for the Respondents raises a question regarding the,validity ofthe agreement which contains the arbitration clause.

3. The Court is of the view that this can be examined in the arbitral proceedings, if so urged by the Respondents, in accordance with law.

4. Without expressing any opinion on merits of the contentions of the parties, the disputes between them including their claims and counter-claims Arb.P. 550/2014 Page 1 of[2] 2015:DHC:10719 «"• are referred to the sole arbitration of Justice P.K. Bhasin, a former Judge of this Court, residing at S-6/21, DLF, Phase-Ill, Gurgaon, Haryana. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC')- The fees of the learned Arbitrator will be in terms of the Delhi International Arbitration Centre Arbitration Proceedings (Arbitrators' Fees) Rules.

5. The petition is disposed of. A copy of this order be delivered to the learned Arbitrator as well as Additional Coordinator, DAC forthwith.

S. MURALIDHAR, J

APRIL 15, 2015