Exim Logistics Pvt Ltd v. Indian Oil Corporation Limited

order dated 28.02.2024

¶2Let the commission be executed.

¶3List this matter before the learned Joint Registrar for completion of service and pleadings on 4th July, 2024.

MAY 13, 2024 PB

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. * + O.M.P. (COMM) 101/2019 and I.A. 8551/2023

NORTHERN RAILWAY

..... Petitioner Mr. R. Mishra and Mr. M.K. Tiwari, Advocates.

M/S GANGOTRI ENTERPRISES LTD.

..... Respondent

Mr. Sanjeev Mahajan, Mrs. Sarika V Mahajan, Mr. Pranjal Tandon, Advocates for respondent.

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13.05.2024

¶1Written submissions on behalf of both the parties are on record. Let the same be exchanged.

¶2An adjournment has been sought on behalf of the petitioner.

¶3List on 30th August, 2024.

MAY 13, 2024 PB

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. * + OMP (ENF.) (COMM.) 169/2022

M/S GANGOTRI ENTERPRISES LTD.

..... Decree Holder

Mr. Sanjeev Mahajan, Mrs. Sarika V Mahajan, Mr. Pranjal Tandon, Advocates.

M/S NORTHERN RAILWAY

..... Judgement Debtor Mr. R. Mishra and Mr. M.K. Tiwari, Advocates.

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13.05.2024

¶1Learned counsel for the decree holder submits that vide Order dated

05.09.2022, Judgement Debtor was directed to file the affidavit of assets, however, the same has not been filed till date.

¶2The judgment debtor is directed to file the affidavit of assets within two weeks with advance copy to the other side.

¶3List on 30th August, 2024.

MAY 13, 2024 PB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. * + O.M.P. (COMM) 88/2024 with I.As. 3616-19/2024

DELHI JAL BOARD

..... Petitioner Ms. Richa Kapoor, Mr. Kunal Anand and Ms. Kriti Gera, Advocates.

MALVIYA NAGAR WATER SERVICES PVT LTD

..... Respondent

Mr. Akhilesh Arora, Advocate.

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13.05.2024

¶1The petitioner has not filed the written submissions in terms of order dated 02.04.2024.

¶2Let written submissions be positively filed within two weeks with the advance copy to the learned counsel for respondent.

¶3Both the parties have informed that respondent has filed Enforcement Petition being O.M.P. (Enf.) No. 103/2024 and the same has been transferred to this Court, which is now listed on 12.07.2024.

¶4Let this matter be also listed on 12th July, 2024.

MAY 13, 2024 PB

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. * + O.M.P.(I) (COMM.) 307/2023 with I.As. 18179/2023, 9968/2024

SHRI BHARAT KAUSHAL & ORS.

..... Petitioners

Mr. Ninad Dogra, Advocate.

MUKTI DATTA

..... Respondent

Ms. Mansi Sood, Advocate

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13.05.2024

¶1An adjournment has been sought on behalf of the respondent for filing the reply.

¶2Let reply be filed within four weeks with advance copy to the learned counsel for the petitioner. The petitioner may also file the rejoinder, if any.

¶3List on 25th September, 2024.

¶4Interim order to continue.

MAY 13, 2024 PB * + O.M.P.(MISC.)(COMM.) 382/2024

VR MALWA PRIVATE LIMITED

..... Petitioner Mr. Hardeep Sachdeva, Mr. Abhyudai Singh, Ms. Swati Sharma and Mr. Mukund Rawat, Advocates.

CHAT AROMA

..... Respondent

None.

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13.05.2024 I.A. 10833/2024 (Exemption)

¶1Exemption allowed subject to just exceptions.

¶2Application stands disposed of accordingly.

O.M.P.(MISC.)(COMM.) 382/2024

¶3The present petition has been filed under Section 29A (4) of the Arbitration and Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal.

¶4Learned counsel for the petitioner submits that the mandate of the learned Arbitrator has expired on 29.01.2024.

¶5Issue notice to the respondent through all permissible modes, returnable on 22nd May, 2024.

MAY 13, 2024/PB * + ARB.P. 566/2023

KSB LTD. ..... Petitioner Mr. Amit Gupta and Mr. Shiv Verma, Advocates.

RAMAGUNDAM FERTILIZERS AND CHEMICALS LTD. ..... Respondent

Counsel for respondent.

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14.05.2024

Both the parties submit that the matter is pending before the learned mediator and the parties are at the advance stage of settlement. List on 27.05.2024.

MAY 14, 2024/ssc/DG * + ARB.P. 1062/2023

SHUBHAM PRATAP SINGH ..... Petitioner Mr. Deepak Sharma and Mr. Karthik Sharma, Advocates.

BLUE FROG SOLUTION (OPC) ..... Respondent

%

14.05.2024

Learned counsel for the petitioner submits that the matter has been settled between the parties and only MOU is to be signed. Let the MOU be placed on record. List on 21.05.2024.

MAY 14, 2024/ssc/DG * + ARB.P. 1148/2023

BAJAJ FINANCE LIMITED ..... Petitioner Ms. Shally Bhasin, Mr. Prateek Gupta and Mr. Prateek Yadav, Advocates.

KARVY STOCK BROKING LTD ..... Respondent

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14.05.2024

¶1The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed for appointment of an arbitrator to adjudicate the disputes inter se between the parties.

¶2The petitioner is a public limited company incorporated under the provisions of the Companies Act, 1956 and registered with the Reserve Bank of India ("RBI") as a deposit taking "non-banking financial institution", engaged in the business of lending and allied activities. The petitioner has submitted that the respondent is an expelled trading member/stock broker of the National Stock Exchange of India Limited ("NSE") and BSE Limited ("BSE").

¶3Learned counsel for the petitioner submits that the petitioner had advanced a financial facility to the respondent as follows: Sanction Letter/Agreement Date Existing Sanction (Rs.in Crores) Top-up (Rs.in Crores) Total Sanction (represents the aggregate limit) (Rs.in Crores)

30.12.2014

23.04.2015

21.07.2015

15.10.2015

27.06.2016

20.03.2017

07.09.2018

24.01.2019

30.08.2019

¶4The petitioner has filed copies of Loan Agreements, including Sanction Letters, Power of Attorneys, Demand Promissory Notes and Letters of Continuity for the aforesaid transactions pertaining to the Financial Facility. Learned counsel submits that as per terms of Loan Agreements, more particularly "Article IV, Covenants, Representations and Warranties", it was specifically represented that the securities offered by respondent no.1 to the petitioner towards the disbursal of the Financial Facility, were the absolute property of respondent no.1. The respondent no.1 has already provided a written undertaking stating that the securities lying in the KSBL Account were absolutely owned by respondent no.1 and did not belong to any of its clients/constituents. The undertaking was taken to ensure that there are no complications in the event of default or enforcing the securities so offered by the borrower. The petitioner has submitted that unlike any immoveable property, the shares in the demat account are fungible and the lender only relies upon the demat account statement and the statement from the depositories which provides the names of the beneficial owner of shares.

¶5The petitioner has submitted that in and around October-November 2019, there were persistent defaults committed by the respondent in maintaining the required margin in the Loan Account. The petitioner submits that during the period several emails were addressed by the petitioner to the respondent, intimating them of the margin shortfall and calling upon the respondent to make good the margin shortfall either by pledging additional securities or to make cash payment under the Financial Facility. Since the respondent did not come forward, loan recall dues was sent to the respondent to repay the total outstanding in the sum of Rs.344,49,81,608/- within a period of three days, failing which the petitioner would exercise its remedies under the Loan Agreements. The petitioner has submitted that on November 22, 2019, basis a preliminary report of NSE, which highlighted various non-compliances of the SEBI Regulations committed by the respondent with respect to pledging/misuse of client securities, the Whole Time Member, SEBI passed an ex-parte Ad-interim order with the following directions: "21. Under the above circumstances, I, in exercise of powers conferred upon me under Sections 11(1), 11(4) and 11B read with Section 19 of the SEBI Act, 1992 and Regulation 35 of SEBI (Intermediaries) Regulations, 2008, by way of this ex parte Advocate interim order, pending forensic audit, hereby issue the following directions: (i) KSBL is prohibited from taking new clients in respect of its stock broking activities;

(ii) The Depositories i.e. NSDL and CDSL, in order to prevent further misuse of clients" securities by KSBL, are hereby directed not to act upon any instruction given by KSBL in pursuance of power of attorney given to KSBL by its clients, with immediate effect;

(iii) The Depositories shall monitor the movement of securities into and from the DP account of clients of KSBL as DP to ensure that clients" operations are not affected;

(iv) The Depositories shall not allow transfer of securities from DP account no. 11458979, named KARVY STOCK BROKING LTD (BSE) with immediate effect. The transfer of securities from DP account no. 11458979, named KARVY STOCK BROKING LTD (BSE) shall be permitted only to the respective beneficial owner who has paid in full against these securities, under supervision of NSE; and

(v) The Depositories and Stock Exchanges shall initiate appropriate disciplinary regulatory proceedings against the Noticee for misuse of clients" funds and securities as per their respective bye laws, rules and regulations."

¶6The petitioner, in view of the aforesaid description addressed letters/representations, to SEBI and NSDL, seeking permission to invoke the pledge and sell the securities in KSBL Account. However, no response was received therefore petitioner preferred Appeal (L) No.585 of 2019 before the Securities Appellate Tribunal ("SAT") seeking to set aside the directions contained in paragraph 21(iv) of the ad-interim order, amongst other ancillary and incidental reliefs.

¶7The petitioner has submitted that vide order dated December 3, 2019 and December 9, 2019 the SAT directed SEBI to pay the petitioner. In the interim, further transfer of securities from the KSBL Account, in terms of paragraph 21(iv) of the SEBI Ad-interim order was suspended. However, the SEBI vide order dated December 13, 2019 dismissed the representations made by the petitioner. 8. Learned counsel for the petitioner submits that this order was challenged by the petitioner before the SAT and SAT has allowed the appeal, however, depositories has challenged this before the Supreme Court. The petitioner has submitted that on 23.11.2020, NSE declared the respondent as a defaulter and expelled the respondent from membership. Similarly, BSE also declared respondent no.1 as a default and expelled respondent no.1 from its membership on 24.11.2020.

¶9The petitioner invoked the arbitration clause on 18.01.2023. Learned counsel submits that the petitioner has neither responded to Loan recall notice nor to the invocation.

¶10Learned counsel submits that as per loan agreement, sole arbitrator was to be appointed by the petitioner however, in view of judgment of Perkins Eastman vs. HSCC, 2019, SCC Online, SC 1517, the petitioner has invoked jurisdiction of this Court for appointment of an arbitrator.

¶11Summons was sent to the respondent.

¶12As per office note dated 11.03.2024, ordinary process was returned with the remarks "received after date of hearing". However, the petitioner has filed the affidavit of service alongwith receipt and tracking report.

¶13Perusal of the record indicates that as per affidavit of service, the respondent has been served through speed post. However, the courier has been received back.

¶14The email has been sent at Compsec@karvy.com. Let the petitioner file a fresh affidavit within authenticated email ID on which email has been sent. In the meanwhile, the petitioner is directed to send the fresh process on the email service @ karvy.com as appearing on a certificate issued by V. Saleja, company secretary on 28.08.2019. 15. Let process be given dasti.

¶16List on 21.05.2024.

MAY 14, 2024/ssc/DG * + O.M.P.(I) (COMM.) 121/2024, I.A. 8981/2024

M/S GAIL (INDIA) LTD ..... Petitioner

Mr. Dhrubajit Saikia, Advocate.

GUJARAT STATE FERTILIZERS AND CHEMICALS LTD ..... Respondent

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14.05.2024

Learned counsel for the petitioner submits that similar matters bearing OMP (I) (COMM) 138/2024 to 141/2024 between the same parties are pending before Hon"ble Ms. Justice Pratibha M. Singh. Let the matter be listed on 16.05.2024 before Hon"ble Judge In-charge (Original Side).

MAY 14, 2024/ssc/DG * + ARB.P. 634/2024

SATNAM ENTERPRISES PRIVATE LIMITED ..... Petitioner Mr. Tanmaya Mehta and Ms. Rashmi Gogoi, Advocates.

UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. ..... Respondent

+ ARB.P. 635/2024

SATNAM ENTERPRISES PRIVATE LIMITED ..... Petitioner Mr. Tanmaya Mehta and Ms. Rashmi Gogoi, Advocates.

UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. ..... Respondent

+ ARB.P. 636/2024

SATNAM ENTERPRISES PRIVATE LIMITED ..... Petitioner Mr. Tanmaya Mehta and Ms. Rashmi Gogoi, Advocates. UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. ..... Respondent

+ ARB.P. 637/2024

SATNAM ENTERPRISES PRIVATE LIMITED ..... Petitioner Mr. Tanmaya Mehta and Ms. Rashmi Gogoi, Advocates.

UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. ..... Respondent

+ ARB.P. 638/2024

SATNAM ENTERPRISES PRIVATE LIMITED ..... Petitioner Mr. Tanmaya Mehta and Ms. Rashmi Gogoi, Advocates.

UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. ..... Respondent

%

14.05.2024

I.A. 10896/2024 (exemption) in ARB.P. 634/2024 I.A. 10897/2024 (exemption) in ARB.P. 635/2024 I.A. 10898/2024 (exemption) in ARB.P. 636/2024 I.A. 10899/2024 (exemption) in ARB.P. 637/2024 I.A. 10900/2024 (exemption) in ARB.P. 638/2024

Exemptions allowed, subject to all just exceptions.

The applications stand disposed of. ARB.P. 634/2024, ARB.P. 635/2024, ARB.P. 636/2024, ARB.P. 637/2024, ARB.P. 638/2024

¶1By way of the present petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the "A&C Act"), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes between the parties.

¶2Learned counsel for the petitioner submits that there are five separate agreement with the respondent which are followed by five different agreement and addendum. Learned counsel submits that these are basically joint development agreement. He submits that Clause 20 of all the agreement contained arbitration clause with jurisdiction of Delhi. He submits that arbitration has been duly invoked vide invocation notice dated

21.12.2022.

¶3Issue notice to the respondent by all permissible, returnable on

27.05.2024.

¶5In the meantime, reply, if any, be filed by the respondent.

MAY 14, 2024/ssc/DG * + ARB.P. 214/2024 & I.A. 3820/2024

PNB HOUSING FINANCE LIMITED ..... Petitioner Ms. Jasmine Damkewala, Ms Vaishali Sharma, Mr. Divyam Khera, Advocates.

PRAFULLA SUBHASHCHANDRA BHAT & ORS. ..... Respondents

%

14.05.2024

Learned counsel for the petitioner seeks a short adjournment to place certain documents on record. Let the same be brought on record. List on 20.05.2024.

MAY 14, 2024/ssc/DG * + O.M.P.(MISC.)(COMM.) 384/2024

SP SINGLA CONSTRUCTIONS PVT LTD ..... Petitioner Mr. Anirudh Wadhwa and Mr. Shashwat Awasthi, Advocates.

STATE OF JHARKHAND & ANR. ..... Respondents

None.

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14.05.2024

I.A. 10888/2024 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of. O.M.P.(MISC.)(COMM.) 384/2024

¶1The present petition under Sections 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of time-limit of the arbitration proceedings.

¶2Learned counsel submits that mandate expired on 03.12.2023.

¶3It has been submitted that arbitration is at the stage of framing of issues. 4. Issue notice to the respondent through all permissible modes, returnable on 22.05.2024.

MAY 14, 2024/ssc/DG * + O.M.P. (COMM) 166/2024

BGR MINING AND INFR LIMITED ..... Petitioner Mr. Dayan Krishnan, Sr. Advocate with Dr. Amit George, Mr. Piyo Harold Jaiman and Mr. Arun G., Advocates.

NTPC LIMITED & ANR. ..... Respondents Mr. Puneet Taneja, Mr. Manmohan Singh and Mr. Amit Yadav, Advocates.

%

14.05.2024

I.A. 10978/2024 (early hearing)

Learned senior counsel for the petitioner submits that he does not want to press the present application as the matter is already listed on

28.05.2024 and seeks permission to withdraw the present application. In view of above, the present application is dismissed as withdrawn.

MAY 14, 2024/ssc/DG * + CS(COMM) 31/2024

POLOTRIPS INDIA PVT. LTD. & ANR. ..... Plaintiffs

None.

KARNATAKA BANK LIMTED & ORS. ..... Defendants Mr. Sumeet Batra and Ms. Roopanshi Batra, Advocates for D-1. Mr. Amit Dhall Advocate for the D-2 & 6.

Mr. Santosh Kumar Rout and Ms. Dharna Veragi, Advocates for D-5.

Ms. Kiran Bharadwaj, AOR (Advocate) for M/s Deep Engineering Works Pvt. Ltd.) in I.A. 4423/2024.

%

14.05.2024

I.A. 10754/2024 (exemption) Exemption allowed, subject to all just exceptions.

The application stands disposed of I.A. 10753/2024 (Seeking Modification of order dated 02.05.2024)

¶1The present application under Section 152 of Code of Civil Procedure 1908 has been moved for modification of order dated 02.05.2024 with the following prayer: "a. To allow this present application seeking rectification in the order dated 02.05.2024 passed by this Hon'ble Court.

b. To fix the next date of hearing 27.05.2024 before the Joint Registrar (judicial) in place of 31.05.2024 and to fix the next date of hearing 31.05.2024 before this Hon'ble Court on the urgency of the Applicant as per facts and circumstance mentioned above.

с. Pass any other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

¶2In view of submissions made, the present application is allowed and the order dated 02.05.2024 is modified accordingly.

¶3Let the matter be placed before Court on 31.05.2024.

MAY 14, 2024/ssc/DG * + O.M.P.(I) 5/2023

DR RAHUL BHAYANA

..... Petitioner

Mr. Anshu Mahajan, Adv

DR ROHIT BHAYANA & ANR.

..... Respondents Ms. Kanika Agnihotri, Mr. Tarun Sharma, Mr. Tarun Mehta, Mr. Rohit Kumar, Advs. for R-2 Respondent No.1 in person.

%

16.05.2024 List on 31.07.2024.

MAY 16, 2024 Pallavi * + O.M.P. (COMM) 256/2023, I.A. 13206/2023

DELHI DEVELOPMENT AUTHORITY

..... Petitioner Mr. Shashi Pratap Singh, Mr. Sparsh Agarwal, Advs.

Y.D. BUILDERS AND HOTELS PVT LTD ..... Respondent Mr. Bipin Kr. Prabhat, Mr. Bhola Dayal, Advs.

%

16.05.2024 List on 12.09.2024.

MAY 16, 2024 Pallavi * + O.M.P. (COMM) 41/2021

OSAKA ALLOYS AND STEELS PVT LTD ..... Petitioner Mr. Yogendra Aldak and Ms. Rashi Srivastava, Advs,(VC)

MSTC LTD

..... Respondent

%

16.05.2024

List on 08.08.2024.

MAY 16, 2024 Pallavi * + O.M.P. (COMM) 471/2020 + O.M.P. (COMM) 472/2020

BHARAT HEAVY ELECTRICALS LIMITED ..... Petitioner Ms. Pallavi Kumar and Mr. Pallav Kumar and Ms. Bitisha Singh Advs.(VC)

VASAVI POWER SERVICES PVT LTD

..... Respondent

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16.05.2024 I.A. 8022/2024 in O.M.P. (COMM) 471/2020 I.A. 7988/2024 in O.M.P. (COMM) 472/2020

List on 07.08.2024.

MAY 16, 2024 Pallavi * + O.M.P. 361/2008

INDIAN RAILWAY CATERING & TOURISM CORP. LTD. ..... Petitioner Mr. S.S. Sisodia, Mr. Saurav Kr. Singh, Ms. Muskan Rawlley, Mr. Moksh Kataria, Advs

M/S AMBUJ HOTEL & REAL ESTATE (P) LTD ..... Respondent

Mr. Anshuman Chaudhary, Adv.(VC) + O.M.P. (COMM) 179/2017

M/S AMBUJ HOTELS AND REAL ESTATE(P) LTD ..... Petitioner

Mr. Anshuman Chaudhary, Adv.(VC)

INDIAN RAILWAY CATERING AND TOURISM CORPN LTD ..... Respondent Mr. S.S. Sisodia, Mr. Saurav Kr. Singh, Ms. Muskan Rawlley, Mr. Moksh Kataria, Advs

%

16.05.2024 I.A. 13696/2019, I.A. 13697/2019 in O.M.P. 361/2008 I.A. 13698/2019, I.A. 13699/2019 in O.M.P. (COMM) 179/2017

List on 17.09.2024.

MAY 16, 2024/Pallavi * + CS(OS) 446/2021, I.A. 12148/2021, I.A. 2675/2023

ZEBA & ANR.

..... Plaintiffs Ms. Preeti Singh, Mr. Sunklan Porwal, Ms. Shefali M., Advs

SALIMAN & ORS.

..... Defendants Mr. Umesh Sharma, Mr. Sumit Chaudhary, Mr. M. K. Gaur, Advs.

%

16.05.2024

List on 16.08.2024.

MAY 16, 2024 Pallavi * + CS(OS) 312/2021, I.A. 8262/2021, I.A. 10315/2021, I.A. 15870/2022

BALDEEP SINGH @ RAJA

..... Plaintiff Mr. Maroof Ahmad, Mr. Bahar U. Barqu, Advs.

HARNEEK SINGH & ORS. ..... Defendant

%

16.05.2024

List on 06.09.2024

MAY 16, 2024 Pallavi

* + ARB.P. 78/2023 EXIM LOGISTICS PVT LTD ..... Petitioner Mr. Sidhartha Sharma, Mr. Arjun Asthana, Ms. Trisha Dhara, Advs. INDIAN OIL CORPORATION LIMITED ..... Respondent Mr. Divjyot Singh, Mr. Nipun Dwivedi, Advs. Mr Rahul Tyagi, Mr. Sangeet Sibou, Mr. Tauseef Akhtar, Ms. Ankita Meena, Mr. Jattin Sharma, Ms.Kanurpriya Aswal, Mr. Mohit Panghal, Ms. Mahima Tomer, Ms. Neha Verma, Advs. for R-8 % 03.05.2024 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to adjudicate upon the disputes between the parties. 2. The plea of the petitioner is that in response to the tender for road transportation of Purified Terephthalic Acid (PTA) in Flexible The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Intermediate Bulk Container (FIBC) by Trucks Ex-Panipat to various destinations across the country was floated by the respondent company. The tenders were floated on 18.03.2020 and were closed on 15.05.2020. 3. Learned counsel for the petitioner submits that though the period when COVID-19 restrictions were there and therefore, in view of the restrictions, the petitioner vide email dated 27.07.2020, wrote to the respondent that the petitioner will not be able to proceed with all the sectors. By this time, the petitioner was L-1 in some of the sectors. The petitioner offered that they would be able to do with only some part of one or two sectors there. Learned counsel for the petitioner submits that despite this, the respondent issued a letter of intent vide communication dated 29.07.2020. Learned counsel submits that again vide communication dated 07.08.2020, the petitioner has expressed his inability to carry/execute the complete work as given in the letter of intent. 4. Learned counsel submits that however, the respondent unilaterally issued a show cause notice dated 17.08.2020 asking the petitioner to explain as to why he should not be listed in the "holiday list/black list". The petitioner responded to the same vide communication dated 31.08.2020. Learned counsel submits that despite this, the respondent vide communication dated 12.01.2021, put the petitioner in the "Holiday List/black list" for a period of one year. The petitioner responded to the same vide communication dated 29.01.2022. Learned counsel submits that though the respondent sent a false and frivolous reply to its communication. Learned counsel submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. respondent issued a debit note dated 23.05.2022 whereby a sum of Rs.18,12,000/- was raised as a liability. 5. The petitioner invoked the arbitration clause vide notice dated 14.09.2022. Learned counsel for the petitioner submits that since there is an arbitration clause in the tender document as contained in Annexure F of the tender, the matter has been required to be referred to arbitration. 6. Learned counsel for the respondent submits that there is no agreement entered into between the parties. Learned counsel for the respondent submits that the bare perusal of Clause 4.1 makes it clear that there has to be a dispute between the contractor and the owner. 7. Learned counsel submits that the CONTRACTOR/ TRANSPORTER/BIDDER/CARRIER has been defined in clause-1.2 of General terms and conditions (Annexure –F) which provides that the CONTRACTOR/TRANSPORTER/BIDDER/ CARRIER shall mean the person, firm, company, association of persons, legal heir or successor, to whom pursuant to the successful tendering process, the Work Order/Contract is awarded and the Agreement has been executed. 8. Learned counsel submits that admittedly, no work order/contract has been awarded to the petitioner. Learned counsel submits that the respondent is a public sector undertaking and works in an absolutely transparent manner. Learned counsel submits that pursuant to