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2021 Supreme(Del) 1636

C. HARI SHANKAR
Mahindra Susten Private Limited – Appellant
Versus
NHPC Limited – Respondent


Advocates appeared:
K.V. Viswanathan, Advocate, Sanjeev Kapoor, Advocate, Prateek Kumar, Advocate, Sneha Janakiraman, Advocate, Apoorv Singhal, Advocate, Smriti Nair, Advocate, Tejas Karia, Advocate, Gauhar Mirza, Advocate, Prakhar Deep, Advocate, Nishant Doshi, Advocate

JUDGMENT

C. Hari Shankar, J. - This judgment disposes of Arb. P. 217/2020 and OMP (I) (Comm) 162/2020.

2. Arb. P. 217/2020 seeks reference of the disputes, between the petitioner and respondent, to arbitration, under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"). OMP (I) (Comm) 162/2020 seeks certain pre-arbitral interim reliefs. Mr. Viswanathan, learned Senior Counsel for the petitioner submitted, at the outset, that, if Arb. P. 217/2020 were to be allowed, and the disputes between the petitioner and the respondent referred to arbitration as prayed therein, he would have no objection to OMP (I) (Comm) 162/2020 being also referred for adjudication to the arbitrator, treating it as an application under Section 17 of the 1996 Act. As such, the necessity of adjudicating, on merits, OMP (I) (Comm) 162/2020 would arise only if Arb. P. 217/2020 were not to be allowed.

3. Mr. Tejas Karia, learned counsel for the respondent, vehemently opposed Arb. P. 217/2020. The ground for opposition would become clearer from the recital that follow

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