IBI CONSULTANCY INDIA PRIVATE LIMITED Vs. DSC LIMITED

JUDGEMENT

(1.) The IBI Consultancy India Private Limited-the petitioner-Company is the Indian subsidiary of the IBI Group based in Canada. The above petitions, under Section 11(6) read with Section 11(9) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), have been filed by the petitioner-Company as well as by the IBI Group for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in connection with the contracts in question.

(2.) The petitioner-Company has filed two petitions for the appointment of Arbitrator and its parent company viz., IBI Group has also filed two petitions of the same nature. Since the point of consideration is same in all these four petitions, purpose would be served if we moot the case of either of the petition and would be disposed off by this common judgment. Arbitration Case No. 53 of 2016

(3.) The petitioner-Company is a multi-disciplinary company engaged in the business of providing system integration and maintenance service for Toll and Traffic Management Systems whereas the DSC Limited, the respondent-Company is a Company registered under the Companies Act, 1956 having two subsidiary companies. First subsidiary Company of the respondent-Company is the Lucknow Sitapur Expressway Limited (LSEL) which is a special purpose vehicle (SPV) of the respondent-Company and has signed a Concession Agreement with the National Highways Authority of India (NHAI) for developing Lucknow-Sitapur Highway Project (LSEL Project) for widening the existing 2-Lane Road to 4-Lane dual carriageway between Km 413.200 to Km 488.270 on NH-24 in the State of Uttar Pradesh. Second subsidiary Company of the respondent-Company is Raipur Expressway Limited (REL), which is also a special purpose vehicle (SPV) of the respondent-Company and has signed a Concession Agreement with the NHAI for developing the Raipur-Aurang Highway Project (REL Project) for widening the existing 2-lane Road to 4-Lane dual carriageway between Km 239 to Km 281 on NH-6 in the State of Chhattisgarh.