Full Text
ARB.P.9/2021 ..... Petitioner
GETAMBER ANAND
Through: Mr Kartik Nayar and Mr Sarthak Malhotra,Advocates
Through:
Respondent MsPooja M.Saigal,Mr Amrit Kumar Yadav and Mr Shantanu Chaturvedi, Advocates.
ATS INFRASTRUCTURE LIMITED
Through: Mr K Petitioner
Through: artik Nayar and Mr Sarthak Malhotra,Advocates
Respondent MsPooja M.Saigal,Mr Amrit Kumar Yadav and Mr Shantanu Chaturvedi, Advocates.
08.01.2021 [Hearing held through videoconferencing]
ORDER
1. The petitioners- Getamber Anand and ATS Infrastructure Limited have filed the present petitions under Section 11(6) of the Arbitration and 2021:DHC:4461 Conciliation Act, 1996 (hereafter 'the Aet')seeking appointment of a Sole Arbitrator to adjudicate upon the disputes that are stated to have arisen between the petitioners, in the respective petitions against the common respondent,Rasbehari Traders.
2. The subject matter of the aforementioned arbitration petitions is covered by the following agreements between the parties Arbitration Petition No.13/2021
(i) Corporate Guarantee Agreement dated 31.3.2014
(ii) Corporate Guarantee Agreement dated 20.12.2018
(iii) Corporate Guarantee Agreement dated 18.10.2019
(i) Personal Guarantee Agreement dated 25.7.2014 executed between Rasbehari Traders and Mr.Getamber Anand;
(ii) Personal Guarantee Agreement dated 20.12.2018
(iii) Personal Guarantee Agreement dated 18.10.2019
3. There are also Investment Agreements between the three named parties, ATS Infrastructure Private Limited, Geetamber Anand and Rasbehari Traders as mentioned: (i)Investment Agreement dated 31.3.2014 amongst three named parties, ATS Infrastructure Private Limited, Geetamber Anand and Rasbehari Traders;
(ii) Supplemental Agreement dated 30.4.2018 amongst three named parties, ATS Infrastructure Private Limited,Geetamber Anand and Rasbehari Traders; (hi)Second Supplemental Agreement dated 18.12.2018 amongst the three named parties, ATS Infrastructure Private Limited, Geetamber Anand and Rasbehari Traders; /
(iv) Third Supplemental Agreement dated 18.10.2019 amongst the three named parties, ATS Infrastructure Private Limited, Geetamber Anand and Rasbehari Traders The mentioned 10 agreements have respective Arbitration Clauses with the Investment Agreement dated 31.3.2014 providesfor reference ofArbitration to an Arbitral Tribunal.
4. The Parties have, without prejudice to the respective contentions on merits of the disputes including claims for damages, and the stand of Rasbehari Traders that it is not a part ofthe Dalmia Group,have consented to the disputes arising out of the aforesaid Agreements being referred for arbitration before Hon'ble Mr. Justice Swatanter Kumar, Former Judge of the Supreme Court,as the Sole Arbitrator.
5. Accordingly, with the consent and at the instance ofthe parties, this Court appoints Hon'ble Mr. Justice Swatanter Kumar,Former Judge ofthe Supreme Court (Address; A-118, 2"'' Floor, Defence Colony, New Delhi- 110024; Phone- +91 9560413636) as the Sole Arbitrator to adjudicate all disputes and differences arising between all the parties in connection with/or in relation to three sets ofagreements as set out hereinabove. The reference to subject disputes in relation to agreements covered in each petition shall be treated as separate references and arbitral proceedings in relation to each of the two sets of agreements, would be separate arbitral proceedings. The appointment ofthe learned Arbitrator is subject to the Arbitrator making a disclosure under Section 12(1) ofthe Act and not being disqualified under Section 12(5)ofthe Act.
6. The petitions are allowed in the aforesaid terms.
VIBHU BAKHRU,J JANUARY 8,2021 MK