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High CourtsSingle Bench(2021) 01 DEL CK 0234

M/S. Veekay Prestressed Pvt. Ltd vs Union Of India Through Northern Railways

Delhi High Court · Decided on 25 January 2021

HON’BLE JUDGES
Prathiba M. Singh, J
RESULT
Disposed Of
CASE NUMBER
Transfer Petition (Civil) No. 3, 4 Of 2021, Civil Miscellaneous Application No. 1503, 1592 Of 2021

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Judgment

25 paragraphs · 356 words

S. No.,Letter imposing Liquidated Damages,Amount of LD,Awarded amount

1.,"187-S/1016/TS/Vee Kay/CS-162 dated

05.12.2011 & 22.02.2012","Rs.46,59,620/-","Rs.25,88,795/-

2.,"187-S/1016/TS/Vee Kay/CS-162 dated

29.08.2012","Rs.80,10,365/-","Rs.5,37,041/-

3.,"1 8 7 - S/1016/TS/VeeKay/C S-162 date

18.12.2012","dRs.93,64,727/-","Rs.4,97,589/-

4.,"187-S/1016/TS/Vee Kay/CS-162 dated

14.09.2012","Rs.13,26,311/-","Rs.62,935/-

iii. In petitions seeking appointment of an Arbitrator/Constitution of an Arbitral Tribunal, parties ought to disclose if any Tribunal already",,,

stands constituted for adjudication of the claims of either party arising out of the same contract or the same series of contracts.,,,

If such a Tribunal has already been constituted, an endeavor can be made by the arbitral institution or the High Court under Section 11, to",,,

refer the matter to the same Tribunal or a single Tribunal in order to avoid conflicting and irreconcilable findings.,,,

iv. Appointing authorities under contracts consisting of arbitration clauses ought to avoid appointment or constitution of separate,,,

Arbitrators/Arbitral Tribunals for different claims/disputes arising from the same contract, or same series of contracts.â€​",,,

7.

There is no doubt as to the fact that the parties in all the petitions are the same. The contract concerned is also the same, however, the liquidated",,,

damages imposed are for different claims and four separate awards have been passed. This Court is of the opinion that the validity and otherwise of,,,

the imposition of liquidated damages ought to be comprehensively considered in one case, inasmuch as if the same are adjudicated before different",,,

forums, there is a possibility of there being contradictory findings.",,,

8.

Since the background facts for the imposition of liquidated damages may be overlapping in nature, it is deemed appropriate to transfer the two",,,

petitions pending before the Patiala House Courts i.e. OMP (Comm) No.121/2019 & 122/2019, to this Court, to be heard and disposed of along with",,,

OMP (Comm) No.528/2019 & 332/2019. The said petitions are stated to be listed before the appropriate Bench on 1st March, 2021. Accordingly, the",,,

Registry is directed to summon the records of the two cases pending before the Patiala House Courts and list the same along with the matters pending,,,

before this Court on 1st March, 2021.",,,

9.

The present petitions are disposed of in the above terms. All pending applications are also disposed of.,,,