* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: May 20, 2009
Date of Order: July 01, 2009
+IA 5776/2009 in ARB. P.446/2007
% 01.07.2009
Turner Morrison Limited ...Petitioner
Through : Mr. Lalit Gupta, Advocate
Versus
Smt. Parvati Devi & Anr. ...Respondents
Through: Ms. Shyamlha Pappu, Sr. Adv. with Mr. R. Krishnaamorthi and
Mr. K.K. Singh Advocates
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORDER
1. This application has been made by the applicant under Section 151
read with Order 47 Rule 1 and Section 114 of Civil Procedure Code for
clarification of the order dated 6th March 2009.
2. It is submitted by the applicant that in Suit No.1650 of 2007 filed by
respondent, the petitioner/applicant had filed an application under Section 8
of the Arbitration & Conciliation Act, 1996 (for short, “the Act”) while the
petitioner itself has also filed an arbitration petition 446 of 2007 under
Section 11 of the Act for appointment of Arbitrator. Arguments on both these
applications i.e. application under Section 8 in Suit No.1650 of 2007 and
under Section 11 being AA No.446/2007 were heard together and the order
was announced by the Court on 6th March 2009. While this Court allowed the
Arb.P. 446/2007 Turner Morrison Limited v Smt. Parvati Devi & Anr. Page 1 Of 2
application of the applicant under Section 8 of the Act in Suit No.1650 of 2007
by a detailed order, this Court disposed of AA No.446 of 2007 in view of the
judgment rendered in Suit No.1650 of 2007. It is submitted that in Suit
No.1650 of 2007, this Court had appointed Justice A.B. Saharya (retired Chief
Justice of Punjab & Haryana High Court) as Sole Arbitrator, therefore, by
implication Justice A.B. Saharya would be the Sole Arbitrator in Arbitration
Petition No.446 of 2007 as well. However, a clarification was needed because
a stand was being taken by the non application before Justice Saharya was
that in Arbitration Petition No.446 of 2007, he had not been appointed as the
Arbitrator and no formal communication has been received in this respect.
3. A perusal of order dated 6th March 2009 passed by this Court makes it
clear that this Court had referred all disputes qua property bearing no.B-25,
Qutab Institutional Area, New Delhi raised by the petitioner and respondent in
Suit No.1650 of 2007 and in Arbitration Petition 446 of 2007 to Justice A.B.
Saharya. It is again clarified that the arbitration petition No.446 of 2007 has
been allowed in terms of order dated 6th March 2009 and Justice A.B. Saharya
has been appointed as the Sole Arbitrator to adjudicate all disputes between
the parties including those mentioned in Arb. Petition No.447 of 2007.
4. The application stands disposed of with above clarification.
July 01, 2009 SHIV NARAYAN DHINGRA J. rd Arb.P. 446/2007 Turner Morrison Limited v Smt. Parvati Devi & Anr. Page 2 Of 2