Omega Biotech Ltd., v. The Mission Director and Anr

ORDER Date : 23.07.2024

Heard Ms. G. Dugar, learned counsel for the petitioner. Also heard Ms. A. Bora, learned counsel for the respondents.

¶2This Interlocutory Application has been filed seeking correction of the order dated 05.06.2024 passed in Arb.P./4/2024.

¶3This Arbitration petition was filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, whereby the petitioner sought for appointment of an Arbitrator in terms of Clause 27 of the Tender bearing Memo No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 and Tender bearing memo No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated

10.06.2015, for resolving the disputes arising out of the two contracts.

¶4This Court upon hearing the learned counsels for the parties, by order dated 05.06.2024 allowed the Arbitration petition and appointed the Arbitrator, Hon'ble Mr. Justice H.K. Sharma, Judge (retd.) to act as a sole Arbitrator to decide the disputes arising out of the agreement executed by and between the parties. However, while disposing of the Arbitration petition, the order did not reflect both the tenders. In the order dated 05.06.2024, the Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 was reflected however the Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated 10.06.2015 was not reflected.

¶5This Interlocutory Application has been filed by the applicant seeking incorporation of the Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-Page No.# 4/5 16/5390 dated 10.06.2015 since the Arb.P./4/2024 was filed with a prayer for appointment of an Arbitrator in terms of Section 27 in respect of the disputes arising between the parties in Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 and Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated 10.06.2015.

¶6The learned counsel for the respondents does not dispute the submissions of the learned counsel for the applicant.

¶7Upon hearing the learned counsels for the parties and upon perusal of the order dated 05.06.2024, this Court is of the view that since the prayer in the Arbitration petition was for appointment of an Arbitrator in respect of Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 and Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated

10.06.2015, whereas the order dated 05.06.2024 passed and disposing of Arb.P./4/2024 allowing the petition and appointing the Arbitrator was only in respect of Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated

11.11.2014, this Interlocutory Application stands allowed.

¶8This order dated 05.06.2014 passed in Arb.P./4/2024 appointing Hon'ble Mr. Justice H.K. Sharma, Judge (retd.) to act as a sole Arbitrator to decide the disputes arising out of the agreements executed by and between the parties in respect of Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated

11.11.2014 will now be read together with this order.

¶9The sole Arbitrator appointed is required to decide the disputes arising between the parties arising out of Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated 10.06.2015 along with the Tender Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014. Page No.# 5/5

¶10Accordingly, this order shall now be read together along with the order dated 05.06.2024 passed in Arb.P./4/2024 and wherever the reference of Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 appears the same said shall be read as Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 and Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated 10.06.2015.

¶11The Arbitrator is permitted to proceed to decide the disputes arising between the parties in respect of Tender Notice No. NHM/PROC/RC-Drugs/2268/2014-15/13559 dated 11.11.2014 and Tender Notice No. NHM/PROC/RC-Drugs/RSV/2502/2015-16/5390 dated 10.06.2015.

¶12This Interlocutory Application accordingly stands allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010135162024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2108/2024o OMEGAoBIOTECHoLTD.,o AoCOMPANYoDULYoREGISTEREDoUNDERoTHEoPROVISIONSoOFoTHEo COMPANIESoACT,o1956oANDoHAVINGoITSoADMINISTRATIVEoOFFICEoAToD- 10,oKAVIoNAGARoINDUSTRIALoAREA,oSECTOR-17,oGHAZIBAD-o201002,o UTTARoPRADESH,oINDIAoANDoISoREPRESENTEDoBYoITSoAUTHORISEDo SIGNATORYoANDoMARKETINGoMANAGER,oSHRIoSHYAMoMAINI. VERSUSo THEoMISSIONoDIRECTORoANDoANRo OFFICEoOFoTHEoMISSIONoDIRECTOR,oSAIKIAoCOMMERCIALoCOMPLEX,o SRINAGARoPATH,oCHRISTIANoBASTI,oG.S.oROAD,oGUWAHATI-781005,o ASSAM 2:THEoEXECUTIVEoDIRECTOR oNATIONALoHEALTHoMISSION oSAIKIAoCOMMERCIALoCOMPLEX oSRINAGARoPATH oCHRISTIANoBASTI oG.S.oROAD oGUWAHATI-781005 oASSAo AdvocateoforotheoPetitionerooooo:oMRoMAYANKoSAHEWALLAo AdvocateoforotheoRespondento:oSC,oNHMoo Page No.# 2/5 Linked Case : Arb.P./4/2024 OMEGA BIOTECH LTD. A COMPANY DULY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS ADMINISTRATIVE OFFICE AT D-10 KAVI NAGAR INDUSTRIAL AREA SECTOR-17 GHAZIBAD- 201002 UTTAR PRADESH INDIA AND IS REPRESENTED BY ITS AUTHORISED SIGNATORY AND MARKETING MANAGER SHRI SHYAM MAINI. VERSUS THE MISSION DIRECTOR AND ANR OFFICE OF THE MISSION DIRECTOR SAIKIA COMMERCIAL COMPLEX SRINAGAR PATH CHRISTIAN BASTI G.S. ROAD GUWAHATI-781005 ASSAM 2:THE EXECUTIVE DIRECTOR NATIONAL HEALTH MISSION SAIKIA COMMERCIAL COMPLEX SRINAGAR PATH CHRISTIAN BASTI G.S. ROAD GUWAHATI-781005 ASSAM ------------ Advocate for : MR G N SAHEWALLA Advocate for : SC NHM appearing for THE MISSION DIRECTOR AND ANR Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA