Telerex E-tech Pvt Ltd Vs. Vital Construction Pvt Ltd

Telerex E-tech Pvt Ltd vs Vital Construction Pvt Ltd

Type Court Judgment Court Delhi Decided Feb 11, 2013

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https://sooperkanoon.com/case/957928

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Citation: sooperkanoon.com/957928
Court: Delhi High Court
Judge: Manmohan Singh
Decided On: Feb 11, 2013
Subject: Arbitration

Case Summary

AI-generated summary - not the official court judgment text.

Arbitration

Key legal issue: Arbitration

Parties & Advocates

Appellant / Petitioner

Telerex E-tech Pvt Ltd

Respondent

Vital Construction Pvt Ltd

Excerpt

.....11 of the arbitration and conciliation act, 1996 for appointment of a sole arbitrator, to adjudicate upon the disputes and differences that have arisen between the parties under the agreement/purchase order dated 15 th october, 2010.2. brief facts as per the case of the petitioner are that the petitioner is a company incorporated under the companies act, 1956, engaged in providing consulting, designing, implementing and integrating solutions to its valued customers.3. it is alleged in the petition that the respondent approached the petitioner in the month of september 2010 and requested to assist the respondent in supply, installation, configuration, testing and handing over audio visual component. upon representations made by the petitioner, the respondent released the purchase order dated 15th october, 2010 to the petitioner. in terms of the said purchase order, the petitioner was to complete the works within a period of six weeks from the date of the letter of intent/purchase order. it is submitted that it was only in april/may 2011, i.e. nearly after 6 months from the date of issuance of the purchase order, that the petitioner was given access to the site. thereafter also, the respondent placed vague orders on various suppliers without mentioning the time schedule for delivery of such materials. the respondent neither made an advance payment of 25%, balance 75% nor intimated the suppliers about the date and time when these materials are to be supplied.4. mr. anil k. kher, learned senior counsel appearing on behalf of the petitioner submitted that as the respondent has caused serious breach of the terms of purchase order committing illegal actions arising from the said purchase order, the petitioner is entitled to claim and recover a sum of rs.1,66,84,676/- with interest and costs from the respondent under various heads. the petitioner demanded the said amount vide notice dated 26 th november, 2012.5. there is an arbitration agreement as contained in the.....

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: February 11, 2013 + Arb.P.No.48/2013 TELEREX E-TECH PVT LTD ..... Petitioner Through Mr.Anil K.Kher, Sr.Adv. with Mr.D.R.Bhatia, Adv. versus VITAL CONSTRUCTION PVT LTD Through None ..... Respondent CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.

1. The abovementioned petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole Arbitrator, to adjudicate upon the disputes and differences that have arisen between the parties under the Agreement/Purchase Order dated 15 th October, 2010.

2. Brief facts as per the case of the petitioner are that the petitioner is a Company incorporated under the Companies Act, 1956, engaged in providing consulting, designing, implementing and integrating solutions to its valued customers.

3. It is alleged in the petition that the respondent approached the petitioner in the month of September 2010 and requested to assist the respondent in supply, installation, configuration, testing and handing over audio visual component. Upon representations made by the petitioner, the respondent released the purchase order dated 15th October, 2010 to the petitioner. In terms of the said Purchase Order, the petitioner was to complete the works within a period of six weeks from the date of the Letter of Intent/Purchase Order. It is submitted that it was only in April/May 2011, i.e. nearly after 6 months from the date of issuance of the Purchase Order, that the petitioner was given access to the site. Thereafter also, the respondent placed vague orders on various suppliers without mentioning the time schedule for delivery of such materials. The respondent neither made an advance payment of 25%, balance 75% nor intimated the suppliers about the date and time when these materials are to be supplied.

4. Mr. Anil K. Kher, learned Senior counsel appearing on behalf of the petitioner submitted that as the respondent has caused serious breach of the terms of purchase order committing illegal actions arising from the said purchase order, the petitioner is entitled to claim and recover a sum of Rs.1,66,84,676/- with interest and costs from the respondent under various heads. The petitioner demanded the said amount vide notice dated 26 th November, 2012.

5. There is an arbitration agreement as contained in the abovesaid Purchase Order. The seat of Arbitration is at New Delhi. The respondent was called upon through the abovesaid legal notice to take steps in accordance with the arbitration agreement. However, the respondent did not respond to the said notice till date.

6. In view of statement made in the petition, issue notice to the respondent, returnable on 23rd April, 2013. Dasti also. (MANMOHAN SINGH) JUDGE FEBRUARY 11 2013

Same Court & Year Delhi · 2013 Same Parties Telerex E-tech Pvt Ltd vs Vital Construction Pvt Ltd Same Subject Arbitration Same Judge Manmohan Singh