Team  SoOLEGAL

FORMER CJI DEEPAK MISRA APPOINTED AS ARBITRATOR FOR BHEL DISPUTE

Team SoOLEGAL 1 Mar 2019 3:42pm

FORMER CJI DEEPAK MISRA APPOINTED AS ARBITRATOR FOR BHEL DISPUTE

Delhi High Court appointed the former CJI Deepak Misra as the arbitrator in the dispute of Bharat Heavy Electricals Limited and UP Rajya Vidhyut Utpadan Nigam Limited. The reason of dispute was certain provisions mentioned in contract of work on Harduaghanj thermal power plant. Letters of Award contained an arbitration agreement between them.
BHEL contended that the payment was not made for its services. The counsels for BHEL submitted that 4 pstitiond have been filed earlier under Section 9 before the Delhi High Court. In 3 petitions, UPRVUNL did not file any reply and hencethey remained ex parte.

The court also referred to it's own judgment given in AAA Landmark Pvt. Ltd. vs. AKME Projects Ltd. & Ors. Wherein it was held that
"where the parties agree not to insist upon the exclusive jurisdiction Clause in an Agreement or raise such objection and by their conduct waive such condition/submit themselves to another Court's jurisdiction, it cannot be said that the Court other than the one in which exclusive jurisdiction has been vested, would be without jurisdiction. In any case, if the respondent is to raise any objection on the jurisdiction of the Court, it has to be so raised in the earlier petitions filed by the petitioner under Section 9 of the Act".

Holding of the Court was that in cases where parties do not force on the exclusive jurisdiction or they waive this condition acting in such a manner, the court other than the one in which exclusive jurisdiction has been vested is fully in jurisdiction.

Tagged: Appointment   DeepakMisra   Arbitrator   BHEL     
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