NEUTRAL CITATION NO. 2023:DHC:2266

ARB.P. 1410/2022

Page 1 of 11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of order : 23^rd March, 2023

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ARB.P. 1410/2022

INTECH BRINECHEM LIMITED

..... Petitioner

Through:

Mr. Vikas Tomar, Advocate

versus

DE DIETRICH PROCESS SYSTEMS INDIA PVT. LTD.

..... Respondent

Through:

Mr. Neil Hildreth and Mr. Rahul Jain,

Advocates

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

CHANDRA DHARI SINGH, J (Oral)

1.

The instant petition under Section 11(6) of the Arbitration and

Conciliation Act, 1996 (hereinafter “Arbitration Act”) has been filed on

behalf of the petitioner seeking the following reliefs:-

deem fit proper in the interest of justice, equity and fair play.”

2.

The petitioner, i.e., M/s Intech Brinechem Limited is a company

incorporated under the provisions of the Companies Act, 1956 having its

registered office at Plot No.27, Sector-34, Gurugram-122004 and the

respondent, i.e., M/s DE Dietrich Process Systems India Pvt. Ltd. is a

Digitally Signed

By:DAMINI YADAV

Signing Date:29.03.2023

16:39:10

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2266

ARB.P. 1410/2022

Page 2 of 11

company duly incorporated under the provisions of the Companies Act,

1956 having its registered office at AWFIS, Inspire BKC, Unit No.4, 3^rd

Floor, Main Road, G Block, Bandra Kurla Complex, Bandra (East),

Mumbai-400051. The respondent is engaged in the business of detailed

engineering, manufacturing and supply of plants related equipment and the

petitioner company is in the process of setting up a green field plant of

Bromine Extraction at Kutch, Gujarat.

3.

The parties came together when the respondent approached the

petitioner for providing services of detailed engineering, along with the

plant and machinery as required by the petitioner company and thus, the

parties entered into an Agreement on 3^rdMay 2022 (hereinafter “the

Agreement”).

4.

The petitioner, accordingly, paid a sum of Rs. 5,30,00,000/- as

advance to the respondent in three parts i.e. Rs. 1,00,00,000/- paid on 26^th

February, 2022, Rs. 2,00,00,000/- paid on 22^th June, 2022 and

Rs.2,30,00,000/- paid on 16^th August, 2022 through Bank transfer against

which the respondent, through its parent company and from M/s Societe

Generale, provided a Bank Guarantee from Paris, France.

5.

The learned counsel appearing on behalf of the petitioner submitted

that after the receipt of the advance amount, the respondent absolutely failed

to fulfil its obligations from the very beginning and to carry out the work as

per the Agreement. It is further submitted that the officers of the petitioner

made several communications to the respondent requesting it to fulfil its

obligations as per the Agreement and carry out the work, however, no action

was taken by the respondent.

Digitally Signed

By:DAMINI YADAV

Signing Date:29.03.2023

16:39:10

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2266

ARB.P. 1410/2022

Page 3 of 11

6.

It is submitted on behalf of the petitioner that due to the delay

attributable to the respondent, in carrying out and completing the work, the

petitioner suffered huge losses. The petitioner, therefore, served an undated

Notice under Section 21 of the Arbitration Act upon the respondent

invoking Clause 13 of the Agreement to settle the disputes arisen between

the parties by the appointment of an Arbitrator, which was duly replied to

by the respondent company vide letter dated 14^th November, 2022 denying

the entire dispute and contending that there were no disputes between the

parties for the purpose of invoking Clause 13 of the Agreement.It was

further requested by the respondent company vide the said letter that if there

was any dispute between the parties, the same shall be settled amicably.

7.

The learned counsel for the petitioner, therefore, prays that in

accordance with Clause 13 of the Agreement dated 3^rd May 2022, an

arbitrator may be appo