Full Text
HIGH COURT OF DELHI
ARB.P. 1084/2024
J.B.C.G. ADVISORY SERVICES PRIVATE LIMITED & ORS. .....Petitioner
Through: Mr. Rajshekhar Rao, Sr.
Advocate
Through: Mr. Anirudh Bakhru, Mr. Ankit Banati and Mr. Abhay Agnihotri, Advocates for R-1.
Mr. Sunil Fernandes, Sr. Advocate
Chopra, Ms. Rajshree Choudary and Ms. Diksha Dadu, Advocates for R-2.
J.B.C.G. ADVISORY SERVICES PRIVATE LIMITED & ORS. .....Petitioner
Through: Mr. Rajshekhar Rao, Sr.
Advocate
Through: Mr. Anirudh Bakhru, Mr. Ankit Banati and Mr. Abhay Agnihotri, Advocates for R-1.
AN HARI SHANKAR
22:20 Signing
Chopra, Ms. Rajshree Choudary and Ms. Diksha Dadu, Advocates for R-2.
23.08.2024
JUDGMENT
1. Mr. Rajshekhar Rao, learned Senior Counsel for the petitioner in these petitions had, on the last date of hearing, suggested that an arbitrator could be appointed to arbitrate on the disputes between the parties in Arb. P. 1084/2024 and that OMP (I) (Comm) 30/2024 could be referred to the arbitrator to be treated as an application under Section 17 of the Arbitration and Conciliation Act 1996[1] and decided in accordance with law.
2. Mr. Bakhru, learned Counsel for the Respondent 1 submits that in the peculiar facts of the present case, and without prejudice to his rights and contentions, he is agreeable to this suggestion.
3. Mr. Sunil Fernandes, learned Senior Counsel for the Respondent 2, echoes this submission.
4. Accordingly, the court disposes of these petitions by appointing Mr. Arun Bhardwaj, Senior Advocate (Tel. 9810109681) as the 22:20 Signing arbitrator to arbitrate on the disputes between the parties.
5. The fees of the learned arbitrator shall be fixed by the arbitrator in consultation with the parties.
6. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on the reference.
7. All questions of facts and law are left open to be agitated before the learned Arbitrator.
8. This Court has not expressed any opinion on the merits of the case one way or the other.
9. OMP (I) (Comm) 30/2024 is relegated to the learned arbitrator appointed by the order passed today to be treated as an application under Section 17 of the 1996 Act and decide it in accordance with law.
10. Mr. Bakhru seeks a clarification that the present petition is being invoked in the context of the Tripartite Agreement dated 2 April 2019 and the Loan Agreement dated 30 March 2019.
11. Mr. Rajshekhar Rao is agreeable to this clarification. It is clarified accordingly. “the 1996 Act” hereinafter 22:20 Signing
12. The learned arbitrator is requested to decide the Section 17 application as expeditiously as possible and preferably within a period of four weeks from entering on reference.
13. Pending miscellaneous application(s), if any, also stand disposed of.
C. HARI SHANKAR, J