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Jasdan Energy Private Limited v/s Inox Wind Limited & Another


Company & Directors' Information:- INOX WIND LIMITED [Active] CIN = L31901HP2009PLC031083

Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- R. S. INDIA WIND ENERGY PRIVATE LIMITED [Active] CIN = U40101HR2006PTC049781

Company & Directors' Information:- K. P. WIND PRIVATE LIMITED [Active] CIN = U29299MH1998PTC116275

Company & Directors' Information:- INOX INDIA PRIVATE LIMITED [Active] CIN = U99999GJ1976PTC018945

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- S P S WIND ENERGY PRIVATE LIMITED [Active] CIN = U40108TZ2004PTC011430

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- R N WIND ENERGY PRIVATE LIMITED [Active] CIN = U70102HR2007PTC036689

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- JASDAN ENERGY PRIVATE LIMITED [Active] CIN = U40109DL2012PTC244531

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

Company & Directors' Information:- INOX INDIA LTD. [Strike Off] CIN = U99999DL2000PTC032687

    O.M.P.(MISC.)(COMM.). No. 111 of 2020

    Decided On, 29 May 2020

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE PRATHIBA M. SINGH

    For the Petitioner: Shyel Trehhan, Kshitij Dua, Advocates. For the Respondents: Sudhir Kumar, Pulkit Srivastava, Sumit Gaur, Ashna Abrol, Advocates.



Judgment Text


(Oral)

1. This hearing has been held by video-conferencing.

2. The present petition had been filed under Section 29A of the Arbitration Act, 1996 seeking extension of time for pronouncement of the arbitral award. Vide order dated 6th May, 2020 the extension was granted and the petition was disposed of. Thereafter, a call was received from the Respondents’ counsels’ office to the Court Master, that they had tried to log in to the meeting, however, due to a technical glitch, they could not log in. They had requested to the Court Master for adding their appearance. Due to some miscommunication the appearance of counsels was not added and the order was uploaded.

3. Ld. counsels thereafter, sent a communication to the Registrar General explaining the difficulty they have faced in logging into the meeting. A screenshot of the meeting, which was appearing on their laptop was sent to the Registrar General.

4. This Court sought a report from the IT Department in view of the technical glitch alleged to have been faced by the Counsels for the Respondent.

5. The IT Department has enquired into the matter, and has put up a detailed report as to all the persons who had been invited for the meeting, the persons who have actually joined the meeting and the reason why the counsels for the Respondents had to encounter difficulty. The conclusion in the said report is as under:

“1.That the advocate tried to join the meeting before the scheduled time.

2. If any participant tries to join the meeting before the scheduled time he gets an error message and the same is saved in cache memory of the system.

So after starting of actual meeting the user needs to close the old tab and again join the meeting.

If the user does not close the old tab and tries to join the meeting from new tab the error message display asking the user to leave previous meeting.

Advice – wait for call from court staff to join the meeting or check the display board available on the DHC website”

6. A perusal of the above report and the communication addressed by the counsels for the Respondents to the Registrar General shows that a common difficulty faced by lawyers is that they receive intimation that there is already a live meeting window, and that they cannot join the new meeting until they leave the previous meeting. The message which was shown to the Counsels for the Respondent was as under:

“IMAGE”

This is because of the following reasons:

i. When a lawyer tries to join a VC hearing and the meeting has not yet started, and the window is not closed, the meeting window remains live.

ii. If a lawyer logs into a second window, because of the first meeting window being live, the second window is not activated and the counsel is unable to join the meeting.

Thus, the advice of the IT Department extracted above be followed. It is advisable that counsels ought not to keep the old window open or live, and close the same before logging in again.

7. This Court appreciates the fact that recording of appearance of lawyers is quite crucial especially during the lockdown period when so much effort is being made by lawyers to attend to their work, coordinate with the client, do filings and also attend hearings. In the present case, since the order recorded that there was no appearance on behalf of the Respondent in order dated 6th May 2020, the Counsels for Respondent rightly had a grievance. The reasons for non-joining was simply technical in nature. There is no doubt that the Counsels had in fact tried to log in.

8. It is accordingly directed that the appearance of the Respondent’s counsels be added to the last order dated 6th May 2020, and the corrected order be uploaded as a corrigendum.

9. For future purposes, all counsels appearing through video conferencing may take note of the fact that in case they appear before the start of the VC hearing, and the meeting has not yet started, they would be advised to close the said meeting window to ensure that they are not locked out and are able to join the hearing when they log in after the hearing has started.

10. This order be commun

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icated to the Delhi High Court Bar Association for being circulated amongst its members as it is possible that several lawyers may have encountered such difficulties in logging in due to such issues. Making VC hearings smooth and seamless can happen with the cooperation of all stakeholders viz., lawyers, the Registry and the Court. VC hearings are quite effective under the existing circumstances and only some creases need to be ironed out. No further orders are called for.
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