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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J
INTERCODE SOLUTIONS PRIVATE LIMITED – Appellant
Versus
ARMOR INDIA CODING AND IMAGING SUPPLIES PRIVATE LIMITED – Respondent
| Table of Content |
|---|
| 1. background of the commercial dispute (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments for and against termination of arbitration (Para 12 , 13) |
| 3. legal standards regarding impossibility and necessity of arbitration (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 4. court decision to set aside termination order (Para 51) |
JUDGMENT
“Everything is theoretically impossible, until it is done”, is a remarkable statement by Robert A. Heinlein, an author of American science fiction. It holds some relevance in the present case, as it involves an order of termination of the arbitral proceedings on the ground that the continuation of the proceedings has become „impossible‟.
2. The present petition is filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) assailing the order dated 02.09.2022 passed by the Arbitral Tribunal, whereby, the Tribunal terminated the arbitral proceedings invoking Section 32 (2)(c) of the Act. The impugned order has been challenged on various grounds, inter
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