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\q \l tr s-24 &.29 HIGH COURT OF DELHI r- o.M.P. 224/2012
JAY PRESTRESSED PITODUCTS LTD ""' Petitioner
Through: Mr. Raman Kapur, Sr' Advocate with Mr. Dhiraj Sachdeva, Mr. Aviral Tiwari, Mr'
Ankur Gosain and Mr. R.P. Singh, Advocates
JAY PRESTRESSED PITODUCTS LTD ""' Petitioner
Through: Mr. Raman Kapur, Sr' Advocate with Mr. Dhiraj Sachdeva, Mr. Aviral Tiwari, Mr'
Ankur Gosain and Mr. R.P. Singh, Advocates
VERSUS
IJNION OIr INDIA & ORS ..... I{espondents
Through: Mr. Jagf it Singh and Mr. Izhar Ahamad, Advocates for Northem RailwaY
Mr. A.S. Sinha, Advocate for Ministry of I{ailways o.M.P. r22rl20r2
JAY PRESTRESSED PRODITCTS LTD ""' Petitioner
Through: Mr. Raman Kapur, Sr. Advocate with Mr. Dhiraj Sachdeva, Mr. Aviral Tiwari, Mr'
Ankur Gosain and Mr. R.P. Singh, Advocates
Through: Mr. Jagf it Singh and Mr. Izhar Ahamad, Advocates for Northem RailwaY
Mr. A.S. Sinha, Advocate for Ministry of I{ailways o.M.P. r22rl20r2
JAY PRESTRESSED PRODITCTS LTD ""' Petitioner
Through: Mr. Raman Kapur, Sr. Advocate with Mr. Dhiraj Sachdeva, Mr. Aviral Tiwari, Mr'
Ankur Gosain and Mr. R.P. Singh, Advocates
VERSUS
UNION OF INDIA & ORS ""' Itespondents I'hrough: Mr. Jagiit Singh and Mr. Izhar Ahamad, Advocates for Northern I{ailwaY
Mr. A.S. Sinha, Advocate for Ministry of Railways
Mr. A.S. Sinha, Advocate for Ministry of Railways
CORAM:
HON'BLE MR. JI]STICE RAJIV SHAKDHER
ORDER oh 30.08.2013 o.M.p. 22412012 &.122112012 page I of 4
't< 2013:DHC:8378 :1 q0 T These are petitions filed under Section 9 of the Arbitration and
Conciliation Act, 1996 (in short the 'Act). Even though several prayers have been made in the two petitions, referred to above, in substance Mr. Kapur says that the petitioner is seeking restraint on the recovery / adjustment against bills of the petitioner by the
. respondents.
I had on 22.07 .2013 directed the parties to file a chart showing the following details :-
(D. The total amount claimed;
(ii). Amount withheld by the respondents;
(iii). The unsecured amount in respect of which the security is sought by the resPondents.
A chart has becn filed by Mr. Jagiit Singh, which shows, in respect of captioned petitions, the total recovery which the respondents are entitled to make as per clause 18.2 of the agreemcnt, is a sum of Rs.2,29,94,00!l- against which a sum of Rs.20,81,993/- is recovered leaving a balance of Rs.2,09,12,008/- to be recovered.
Furthermore, according to Mr. Jagiit Singh, respondents have security in the form of two bank guarantees of a total value of Rs.45
Lakhs.
\4r. A.S. Sinha, who appears for Ministry of Railways says that the total amount which the respondents are claiming is a sum of
Rs.2,67,7!,953/- against which the amount withheld by the o.M.P. 22412012 & 122l/2012 page 2 of4
A\ respondents is Rs.37,20,500/ -.
Mr. Singh who appears for the Northern Railway and Mr. Sinha who appears for the Ministry of Railways say that two bank guarantees in the total sum of Rs.45 Lakhs are available as securify.
In these circumstances, Mr. Kapur, the learned senior counsel for the petitioner offers to furnish an additional bank guarantee in the sum of Rs.22Lal<hs within two weeks from today.
In the background of the aforesaid facts and circumstances, the leamed counsel for the parties are agreed that captioned petitions can be disposed of with the following directions :-
(i). Since an arbitrator has been appointed, these petitions will be placed before him, who will treat the same as applications under
Section 17 of the Act.
(ii). pending the disposal of the captioned petitions / applications, the interim order dated 07.03.2012 passed in OMP 22412012 and interim order dated 27.12.2012 passed in OMP 1227/2012 shall continue to operate till appropriate orders are passed by the learned
Arbitrator.
(iii). The arbitrator will be free to vacate or modify or affirm or even expand the scope of the interim orders in accordance with the law.
(iv). the parties will be free to refer their claims and counter claims, if any, before the learned Arbitrator, who shall decide the same in accordance with the larv.
The captioned petitions are disposed of with the aforesaid observations. o.M.P. 224/2012 &. t22t/2012 page 3 of4
Needless to say, the learned arbitrator will be free to pass any order that he deems fit in the facts and circumstanccs of the case after hearing both the parties.
Dasti.
?-\w:
NAT1V SHAKDHER, J AUGUST 30,2013 vg o.M.P. 22412012 & 122112012 page 4 of4
ORDER oh 30.08.2013 o.M.p. 22412012 &.122112012 page I of 4
't< 2013:DHC:8378 :1 q0 T These are petitions filed under Section 9 of the Arbitration and
Conciliation Act, 1996 (in short the 'Act). Even though several prayers have been made in the two petitions, referred to above, in substance Mr. Kapur says that the petitioner is seeking restraint on the recovery / adjustment against bills of the petitioner by the
. respondents.
I had on 22.07 .2013 directed the parties to file a chart showing the following details :-
(D. The total amount claimed;
(ii). Amount withheld by the respondents;
(iii). The unsecured amount in respect of which the security is sought by the resPondents.
A chart has becn filed by Mr. Jagiit Singh, which shows, in respect of captioned petitions, the total recovery which the respondents are entitled to make as per clause 18.2 of the agreemcnt, is a sum of Rs.2,29,94,00!l- against which a sum of Rs.20,81,993/- is recovered leaving a balance of Rs.2,09,12,008/- to be recovered.
Furthermore, according to Mr. Jagiit Singh, respondents have security in the form of two bank guarantees of a total value of Rs.45
Lakhs.
\4r. A.S. Sinha, who appears for Ministry of Railways says that the total amount which the respondents are claiming is a sum of
Rs.2,67,7!,953/- against which the amount withheld by the o.M.P. 22412012 & 122l/2012 page 2 of4
A\ respondents is Rs.37,20,500/ -.
Mr. Singh who appears for the Northern Railway and Mr. Sinha who appears for the Ministry of Railways say that two bank guarantees in the total sum of Rs.45 Lakhs are available as securify.
In these circumstances, Mr. Kapur, the learned senior counsel for the petitioner offers to furnish an additional bank guarantee in the sum of Rs.22Lal<hs within two weeks from today.
In the background of the aforesaid facts and circumstances, the leamed counsel for the parties are agreed that captioned petitions can be disposed of with the following directions :-
(i). Since an arbitrator has been appointed, these petitions will be placed before him, who will treat the same as applications under
Section 17 of the Act.
(ii). pending the disposal of the captioned petitions / applications, the interim order dated 07.03.2012 passed in OMP 22412012 and interim order dated 27.12.2012 passed in OMP 1227/2012 shall continue to operate till appropriate orders are passed by the learned
Arbitrator.
(iii). The arbitrator will be free to vacate or modify or affirm or even expand the scope of the interim orders in accordance with the law.
(iv). the parties will be free to refer their claims and counter claims, if any, before the learned Arbitrator, who shall decide the same in accordance with the larv.
The captioned petitions are disposed of with the aforesaid observations. o.M.P. 224/2012 &. t22t/2012 page 3 of4
Needless to say, the learned arbitrator will be free to pass any order that he deems fit in the facts and circumstanccs of the case after hearing both the parties.
Dasti.
?-\w:
NAT1V SHAKDHER, J AUGUST 30,2013 vg o.M.P. 22412012 & 122112012 page 4 of4
JUDGMENT