M/S Appolo Equipments Pvt. Ltd. v. Rashmi Juneja & Ors.

Delhi High Court · 16 Nov 2016 · 2016:DHC:8578
G. S. Sistani
CS(OS)2603/2014 & CC 21/2016
2016:DHC:8578
civil appeal_allowed

AI Summary

The Delhi High Court referred multiple civil suits to arbitration under Section 89 CPC, appointed a sole Arbitrator, and ordered refund of court fees, disposing of the suits accordingly.

Full Text
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$-38 to 40,43 HIGH COURT OF DELHI
CS(COMM)286/2016,1.A.NQS.4135-36/2016
M/S APPOLO EQUIPMENTSPVT.LTD. Plaintiff
Through: Mr.A.K. Singla, Sr. Adv. with Ms.Manorma Masih,Advs.
VERSUS
SMTRASHMIJUNEJA& ORS. Defendants
Through: Mr.Madan Gera,Adv.
CS(COMM)384/2016 &I.A.NOS.4821/2016& 11007/2016
M/S ANKURPROPERTIES PVT.LTD Plaintiff
VERSUS
SH RAVINDER KUMAR JUNEJA & ORS Defendants
CS(COMM)791/2016&LA.11097/2016
M/S MRJ STEELSPVT LTD Plaintiff
VERSUS
M/S ANKURPROPERTYPVT LTD & ANR Defendant
Through: Mr.A.K. Singla, Sr.. Adv. with
CS(OS)688/2015
RAVINDER KUMAR JUNEJA Plaintiff
VERSUS
M/S ANKURPROPERTYPVTLTD& ANR Defendants
Through: Mr.A.K. ' Singla, Sr. Adv. with 2016:DHC:8578
/- ^ II Ms.ManormaMasih,Advs T,, , Plaintiff Ihrough: Mr.Madan Gera,Adv.
VERSUS
RASHMI JUNEJA & ORS ..... Defendants
Through: Mr.A.K. Singla, Sr. ,Adv. with
CS(OS)689/2015 (CSNo. 739/2016in TisHazariCourt)
SAURABH JUNEJA Plaintiff
VERSUS
M/S ANKUR PROPERTY PVT LTD & ANR Defendants
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
07.11.2016 In pursuance to the order dated 2.11.2016 passed by this Court,the files of CS(OS) 2603/2014 (CS No. 238/2016 in Tis Hazari Court) and
CS(OS)689/2015(CS No. 739/2016 in Tis Hazari Court) have been called to this Court.Asprayed,the said matters stand transferred to the Court. Registry is directed to register and numberthe suitand listthesame before the Court.
Learned counsel for the parties submitthatthe disputes,subject matter of the present six suits, be referred to a Sole Arbitrator. It is also agreed that the parties will place before the learned Arbitrator certified copies ofthe pleadings filed in the above matters and the documents filed along with the pleadings.
Accordingly,MrJustice V.K. Shali, a former Judge ofthis Court,Mobile
No.9717495000, is appointed as a sole Arbitrator to adjudicate upon all the disputes and differences arising between the parties. The learned Arbitrator would proceed ahead from the stage at which the suits are pending. Parties will place before the learned Arbitrator certified copies ofthe present pleadings and the documents filed along with the pleadings. The Arbitrator shall fix a date and atime and inform the same to the counsel for the parties.
The fees of the sole Arbitrator shall be governed by the Rules of Delhi
International Arbitration Centre.
Learned counsel for the parties submit that since the matters have been referred to Arbitration,in terms ofSection 89 ofthe Code ofCivil Procedure all the respective parties would be entitled to refund ofCourt Fee. Let a necessary certificates be issued to the counsel for the plaintiffs.
Present suits,pending applications and Counter Claims stand disposed of.
Let a copy ofthis order be sentto the learned Arbitrator.
G.S.SISTANI,J NOVEMBER 07, 2016 msr HIGH COURT OF DELHI
CS(OS)2603/2014&CC 21/2016[CS(OS) /20161
PUNITA BHARDWAJ Plaintiff
Through
VERSUS
RASHMIJUNEJA & ORS Defendants
Through
CS(OS)689/2015[CS(OS) /20161
SAURABH JUNEJA Plaintiff
Through: Mr.Kaustubh Sinha,Adv.
VERSUS
M/S ANKUR PROPERTY PVT LTD & ANR. .:... Defendants
Through
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
16.11.2016 Both these mattes have been placed on an office note. Both these suits along with,other connected matters were disposed ofby this Court on 7.11.2016.
It may be noticed that both these suits were transferred from Tis Hazari Courts to this Court. Registry is directed to register and number both these suits afresh. g.s.siStani,J
NOVEMBER 16, 2016 msr
JUDGMENT