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$-9& 10 HIGH COURT OF DELHI
O.M.P.(I)22/2017&I.As.400/2018&2446/2018
REGENPOWERTECHPRIVATELIMITED Petitioner
Through Mr.Gopal Jain,Sr.Adv with Mr.Jeevanandham Rajagopal, Mr.Anush Raajan,Mr.S.Aravindan, Ms.Kriti Awasthi and Mr.Rahul
Kukreja,Advs
O.M.P.(I)22/2017&I.As.400/2018&2446/2018
REGENPOWERTECHPRIVATELIMITED Petitioner
Through Mr.Gopal Jain,Sr.Adv with Mr.Jeevanandham Rajagopal, Mr.Anush Raajan,Mr.S.Aravindan, Ms.Kriti Awasthi and Mr.Rahul
Kukreja,Advs
VERSUS
GREENINFRA WINDFARM ASSETS LIMITED& ANR.
Respondents
Through Mr.Sandeep Seths,Sr.Adv with Ms.Tine Abraham and Ms.Vatsala
Kumar,Advs
Respondents
Through Mr.Sandeep Seths,Sr.Adv with Ms.Tine Abraham and Ms.Vatsala
Kumar,Advs
O.M.P.(I)26/2017
REGENPOWERTECHPRIVATELIMITED Petitioner
Through Mr.GopalJain,Sr.Adv with Mr.Jeevanandham Rajagopal, Mr.Anush Raajan,Mr.S.Aravindan, Ms.Kriti Awasthi and Mr.Rahul
Kukreja,Advs
REGENPOWERTECHPRIVATELIMITED Petitioner
Through Mr.GopalJain,Sr.Adv with Mr.Jeevanandham Rajagopal, Mr.Anush Raajan,Mr.S.Aravindan, Ms.Kriti Awasthi and Mr.Rahul
Kukreja,Advs
VERSUS
SEMBCORPGREENINFRA LIMITED,&ORS Respondents
Through Mr.Sandeep Seths,Sr.Adv with Ms.Tine Abraham and Ms.Vatsala
Kumar,Advs
Through Mr.Sandeep Seths,Sr.Adv with Ms.Tine Abraham and Ms.Vatsala
Kumar,Advs
CORAM:
HON'BLE MR.JUSTICE NAVIN CHAWLA
ORDER o/„ 27.02.2018
Withtheconsentofthe parties,the petitionsare disposedofwiththe
2018:DHC:9359 following directions;
(i) The petitioner has filed the present petition(s)seeking certain urgent interim relief under Section 9 of the Arbitration and
Conciliation Act,1996(hereinafterreferredto asthe'Act').
(ii) The Arbitration Agreement between the parties provides for appointment of an Arbitral Tribunal consisting of three arbitrators; one arbitrator to be nominated by either party and the two Arbitrators so appointed by the parties,nominating the
Presiding Arbitrator.
(iii) The petitioner nominates Justice A.P. Shah (former Chief
Justice ofDelhiHigh Court)asits nominee Arbitrator whilethe respondentnominatesJusticeT.S.Thakur(formerChiefJustice ofIndia)as its nominee Arbitrator.
(iv) Keeping in mind the urgency expressed by the parties.Justice
Vikramajit Sen(former Judge ofSupreme Court)is appointed as aPresiding Arbitrator. Thisis also keeping in mindthe fact that in relation to certain other agreements between the parties where similar kind of disputes have arisen, the same Arbitral
Tribunalhasbeen nominated and itwould be expedientthatthe disputes raised in the present petitions are also heard by the same Tribunal.
(v) In view of the appointment of the Arbitral Tribunal, these petitions willbeconsideredasapplicationsunderSection 17of the Actbeforethe ArbitralTribunalandthe partiesshall be free to file the record of the present petitions before the Arbitral
Tribunal.
(vi) The counselforthe parties bring to my notice thatthe Arbitral
Tribunal has already fixed the hearing on 8^*" March,2018 in relation to the other agreements. In view ofthe same,I deem it expedient that even this reference shall be placed before the
Arbitral Tribunal on 8^*^ March,2018,subject ofcourse to their convenience.
(vii) TheArbitralTribunalisrequestedto disposeofthe applications under Section 17 of the Act expeditiously, preferably within four weeks from the receipt of this order, after hearing the parties.
(viii) This Court has not expressed any opinion on merits of the respective claims and Counter Claims of the parties and all rights and contentions ofeither party shall remain open before the Arbitral Tribunal.
These petitions and all pending applications are disposed of in the above terms.
Copy ofthe order be given Dasti under the signature ofthe Court
Master.
NAVIN CHAWLA,J FEBRUARY 27,2018/nk
ORDER o/„ 27.02.2018
Withtheconsentofthe parties,the petitionsare disposedofwiththe
2018:DHC:9359 following directions;
(i) The petitioner has filed the present petition(s)seeking certain urgent interim relief under Section 9 of the Arbitration and
Conciliation Act,1996(hereinafterreferredto asthe'Act').
(ii) The Arbitration Agreement between the parties provides for appointment of an Arbitral Tribunal consisting of three arbitrators; one arbitrator to be nominated by either party and the two Arbitrators so appointed by the parties,nominating the
Presiding Arbitrator.
(iii) The petitioner nominates Justice A.P. Shah (former Chief
Justice ofDelhiHigh Court)asits nominee Arbitrator whilethe respondentnominatesJusticeT.S.Thakur(formerChiefJustice ofIndia)as its nominee Arbitrator.
(iv) Keeping in mind the urgency expressed by the parties.Justice
Vikramajit Sen(former Judge ofSupreme Court)is appointed as aPresiding Arbitrator. Thisis also keeping in mindthe fact that in relation to certain other agreements between the parties where similar kind of disputes have arisen, the same Arbitral
Tribunalhasbeen nominated and itwould be expedientthatthe disputes raised in the present petitions are also heard by the same Tribunal.
(v) In view of the appointment of the Arbitral Tribunal, these petitions willbeconsideredasapplicationsunderSection 17of the Actbeforethe ArbitralTribunalandthe partiesshall be free to file the record of the present petitions before the Arbitral
Tribunal.
(vi) The counselforthe parties bring to my notice thatthe Arbitral
Tribunal has already fixed the hearing on 8^*" March,2018 in relation to the other agreements. In view ofthe same,I deem it expedient that even this reference shall be placed before the
Arbitral Tribunal on 8^*^ March,2018,subject ofcourse to their convenience.
(vii) TheArbitralTribunalisrequestedto disposeofthe applications under Section 17 of the Act expeditiously, preferably within four weeks from the receipt of this order, after hearing the parties.
(viii) This Court has not expressed any opinion on merits of the respective claims and Counter Claims of the parties and all rights and contentions ofeither party shall remain open before the Arbitral Tribunal.
These petitions and all pending applications are disposed of in the above terms.
Copy ofthe order be given Dasti under the signature ofthe Court
Master.
NAVIN CHAWLA,J FEBRUARY 27,2018/nk
JUDGMENT