Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: OMP (I) (COMM) No. 483/23
Mahavir Transmission Ltd. Vs. M/s VSPL Energy P. Ltd. & Ors.
04.09.2023
Present: Sh. Harshit Agarwal, counsel for the petitioner.
(joined through VC)
Sh. Shubham Mishra and Sh. Vaibhav Shahi,
counsels for the respondent no.1.
Sh. Mayank Gupta, counsel for respondent no.2.
(Vakalatnama alongwith copy of Resolution filed.)
Reply not filed on behalf of respondents no.1 and 2.
Reply, if any, be filed by respondents no.1 and 2 as per
provisions of the Commercial Courts Act. Advance copy be
supplied to counsel for petitioner.
At this stage, counsel for respondents state that since
an arbitrator has already been appointed by Hon’ble High Court
pursuant to petition U/s 11(6) of the A&C Act and the said
arbitrator shall commence proceedings from today, the petition
filed by petitioner is not maintainable.
On the other hand, counsel for petitioner has referred
to Clause 6 of the Agreement dated 26.08.2022 arrived at
between the petitioner and respondent no.1 and has stated that in
terms of Clause 6 this Court only can grant relief to the petitioner
and that petitioner cannot agitate for this relief during the
arbitration proceedings as respondent no.2 cannot be impleaded
as party in the arbitration proceedings.
Counsels for respondents pray for adjournment to
address arguments on this aspect.
On request, be listed for consideration on
09.10.2023.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi/04.09.2023
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