BEFORE THE SOLE ARBITRATOR

JUSTICE INDU MALHOTRA

FORMER JUDGE
SUPREME COURT OF INDIA

IN THE MATTER OF AN ARBITRATION BETWEEN:

M/s Simplex Projects Ltd. .......Claimant(s)

AND

The State of Manipur & Ors. .... ..Respondent(s)

APPEARANCE

For the Claimant

1. Mr. S.D. Singh, Advocate
2. Mr. Tayenjam Momo Slngh, Advocate
3. Ms. Shweta Sinha, Advocate
4. Mr. Sudarshan Mundhra, Managing Director
5. Mr. Amitabh Chatterjee, Vice-President
For the Respondent
1. Ms. Nongmaithem Tejpriya Devi, Advocate
2. Chief Engineer, PWD, Manipur

PROCEDURAL ORDER N0. 01

DATED 21.05.2021 (Via Video Conferencing)

1. The learned counsel for the parties, apprised the Sole Arbitrator of the nature of the
dispute in brief, and the approximate quantum of claims which would arise for
consideration.

2. Declaration under Section 12 of the Arbitration & Conciliation Act, 1996

As required by Section 12 of the Arbitration and Conciliation Act, 1996 the Sole
Arbitrator declares that there are no circumstances:

a. such as the existence of either direct or indirect, of any past or present

relationship with, or interest in any of the parties, or in relation to the subject
matter in dispute, whether financial, business, professional or other kind, which
is likely to give rise to justifiable doubts with respect to her independence or
impartiality; and

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 b. or which are likely to affect her ability to devote sufficient time to the arbitration,
and ability to complete the entire arbitration within the period specified under
Section 29A and 23(4) of the Arbitration and Conciliation Act, 1996. (As
amended)

Both the parties, as well as their counsel have stated that they have no objection with
respect to her appointment as the Sole Arbitrator.

PlaceISeat of Arbitration:
The place/seat of arbitration is at Manipur. Due to the pandemic Covid-19, or any other
circumstances, the Sole Arbitrator with consent of parties, may hold meetings via
video-conferencing, or at such other venues, as may be decided.

Language of the arbitral proceedings shall be English.

Procedural Timetable:
With the consent of parties and their Counsel, the following schedule for completion of
pleadings, as well as admission/denial of documents has been fixed. Having regard to
the statutory time limit prescribed by Section 29A of the Arbitration and Conciliation
Act, 1996 the parties shall abide by the timelines agreed in the following schedule:

Date Event

21 .06.2021
Statement of Claim along with documents by the Claimant.

Statement of Defence and Counterclaim, if any, by the

22.07.2021
Respondent along with documents.
Reply to the Counter-claims by the Claimants along with
12.08.2021
documents.
03.09.2021
Both the parties shall file Affidavits of Admissionl Denial of
documents.
The parties shall also be entitled to seek discovery of any further
03.09.2021 documents and/or interrogatories from the other party. Within the
same period, parties may also file additional documents, if any.
13.09.2021 Date of hearing for determination of Points of Determination

After completion of pleadings and filing of documents and admission/denial is carried

out, marking of exhibits should be carried out by the parties in their respective

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 chambers. On the completion of this exercise, the particulars of the exhibits shall be
conveyed to the Tribunal.

The Admission/Denial of the documents by Affidavits shall be in the form prescribed

under the Commercial Courts Act. It is further made clear that in case a party fails to
file affidavit of admission/denial of documents filed by the other party within the time
provided, it may be presumed that there is no objection to the said documents.

The parties shall file all documents with their respective pleadings. Additional
documents or Additional Pleadings, if any, may be filed, only with the leave of the Sole
Arbitrator.

All pleadings (duly dated signed and verified) shall be filed in A4 size page printed on
both sides and the accompanying documents authenticated as true copies by the
authorized representative of the party (with list/index arranged and indexed in
chronological order and serially page numbered) shall be filed both in hard copy, and
soft copy with the Sole Arbitrator, after serving a copy on the other side, as well as the
learned counsel appearing in the matter. Each volume filed by the claimant shall be
serially numbered as C-1, C-2, C-3 etc.

Similarly, each volume filed by the Respondent from time to time shall be serially
numbered as R-1, R-2, R-3 etc. All pleadings and documents shall be provided both
hard copy, and soft copy in a pen drive to the Sole Arbitrator and the opposite party to
enable ease of access.

Any application/communication by any party to the Sole Arbitrator shall be made only
after serving a copy thereof to the other side, as well as to the Advocates appearing
for the parties. The parties shall also exchange their pleadings and/or file applications
in soft copy through e-mail.

The parties shall avoid marking copies of inter-counsel correspondence to the Sole
Arbitrator. Only such e-mails requesting the Sole Arbitrator to act upon some request
or opposing such requests shall be sent to the Sole Arbitrator.

Parties shall prepare broad Points for Determination and exchange them before the
next date fixed for hearing. The draft broad Points for Determination will be circulated
to the Sole Arbitrator one week before the scheduled date of hearing.

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 13. Evidence of Witnesses:

13.1 Parties shall indicate whether they want to lead oral evidence or not. In case oral
evidence is to be led, all witness‘ statements shall be made by affidavit/s sworn
Statements which shall be treated as the examination-in-chief.

13.2 All the witness/es who have submitted their evidence affidavits, shall be made
available for cross-examination by the other side.

13.3 Each witness statement shall contain the following:

(6) The name and address of the witness, his or her relationship to any of the
parties (past and present, if any) and a description of his or her qualifications.
(b) Full and detailed description of the facts, and the source of the witness‘
information as to those facts, sufficient to sen/e as that witness’ evidence in the
matter in dispute.
(c An affirmation of the truth of the statement.
(<1) The signature of the witness with date.
(8) The evidence statement/s shall specifically identify any document relied on. If
the evidence statement refers to any document which is not already produced,
a copy of such document shall be produced with the evidence statement.
(0 lf any fresh document is produced with the witness statement of any party, the
other side will have an opportunity to produce documents in response, along
with additional statement of its witnesses.

13.4 It is directed that for recording of evidence, the following procedure shall be adopted:
ii The practice of putting the respective cases of parties to the witnesses in the
form of suggestions is dispensed with.

ii) Cross-examination, if any, would be recorded in question/answer form;

iii) Any statements, averments by a witness with regard to the interpretation of the
contract in his affidavit of evidence will be of no consequence. No question
would to be put to witnesses to merely confirm the contents of a document.

iv) No question shall be put with regard to the interpretation of any documents,
including contract, because that will be done by the Tribunal after hearing the
counsel/representatives of the parties.

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 13.5 Failure to make such suggestions will not be construed to be an admission of the
case of the other side, or the evidence of witness/es being cross-examined.

13.6 Since physical hearings are not possible in the immediate future due to Covid-19
conditions, it is agreed by the parties that the proceedings, including evidence would
be recorded through video conferencing. In order to ensure that there is no issue with
regard to the manner in which the evidence is recorded, the procedure/protocol that
may be followed while recording the cross-examination is annexed hereto.

14. Two weeks before the final hearing commences, the parties shall file a Common
Convenience Compilation of Documents on which they intend to rely upon at the
time of arguments. For this purpose, the Claimant shall prepare the convenience
compilation, and share the same with the Respondent. The Respondent shall add
those documents on which it intends to rely upon. After preparing the convenience
volume in this manner, the same shall be submitted to the Tribunal at least two weeks
before the date of arguments. Along with the said convenience compilation, both the
parties shall also file their opening submissions.

15. The Tribunal shall meet for framing of the broad Points of Determination and for
issuance of other and further directions on 13.09.2021 at 3:00 pm. The Claimant will
arrange the meeting via video-conference, and intimate the particulars to all concerned
well in advance.

16. Fee and expenses of the Sole Arbitrator:

16.1 The Sole Arbitrator will be charging the fees as per the Fourth Schedule to the
Arbitration and Conciliation Act, 1996 (as amended). The parties will pay 10% of the
fees payable towards administrative expenses, which will be borne equally by both
the parties.

16.2 Reading fees will be decided after the pleadings are completed.

16.3 The Expenses fortravel and stay of the Arbitrator, Legal Secretary and
Administrative Secretary shall be shared equally by both the parties.
16.4 The parties will deposit an amount of Rs.5,00,000/- each within a period of four
weeks, along with 10% administrative expenses.
17. It is made clear that if a Counter Claim is filed by the Respondents, the Sole Arbitrator
will fix a separate fee for the Counter Claim in accordance with the proviso to Section
38(1) of the Arbitration and Conciliation Act, 1996.

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 18. Mr. Sumit Kumar, is appointed as the Administrative Secretary to provide secretarial
assistance to the Sole Arbitrator. His contact details are as under:
Email: sumit.bansal945@gmail.com
Cell Number:- 9958266282

41(6) Ms. Manisha Singh, is appointed as the Legal Secretary in the present Arbitration. Her
contact details are as under:
Email: man isha.singh121 1@gmail.com
Cell Number:- 9167255410

19. The parties shall make every effort to abide by the schedule fixed for the proceedings.
Any prayer for cancellation of a date of hearing, if not made at least 2 weeks in advance
of the date fixed, may not be entertained.

20. Every remittance either by cheque, or by RTGS/NEFT, must be accompanied by a

covering letter or email clearly stating the amount being remitted, the amount of TDS
deducted along with the rate thereof only on the fees, particulars of the head (such as
fee, expenses) to which the remittance relates, which is very necessary for accounting
purposes.

21. Each party is directed to send the details / reference nos. of the payments of the fees
of the Sole Arbitrator as soon as it is remitted, failing which, there shall be no
acknowledgment by or on behalf of the Sole Arbitrator. TDS declarations as well as
Certificates shall also be provided by the parties.

22. The parties’ attention is brought to Section 29A and Section 23(4) whereby it is
mandated that the award shall be made within twelve months from the date of
completion of pleadings, and the parties are given a total time of 6 months to complete
the pleadings. lt is, therefore, incumbent upon the parties to strictly adhere to the
timelines contained in the Schedule above. Failing to abide by the schedule, the parties
may have to forfeit their rights to file the pleadings. lt is made clear that no application
for extension of time will ordinarily be entertained by the Tribunal.

23. It must be the endeavour of the parties to cooperate in meeting this timeframe under
Section 29A and adhering to the procedure under Section 24, failing which, costs may
be imposed.

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 The Address, e-mail ID, particulars of Bank Account and Permanent Account Number
(PAN) of the Sole Arbitrator for the purpose of all communications and payments are
as follows:

Justice lndu Malhotra

Address 31, Third Floor, Anand Lok
New Delhi-110049
E-mail ID officeofiusticeindumalhotra@_gmail.com
Name as in Bank Account Justice lndu Malhotra
PAN AAGPM5159E
Name of Bank HDFC Bank
Branch Name and Address Ring Road, Lajpat Nagar-IV
New Delhi-110024
Account Number 02941000015449
Account Type Savings
IFSC for RTGS/NEFT HDFCO0O0294
The parties are put to notice that vide Govt Notification dated 20.6.2012, read
with Govt Notification no. 18/2016-Service Tax dated 1.3.2016 wef 1.7.2012 and
1.4.2016, in respect ofservices provided by an arbitral tribunal, the person/entity
receiving such services only are liable to pay the entire Service Tax on the
services provided or agreed to be provided by an arbitral tribunal to any
person/business entity and this liability to the Govt of India is in addition to the
remittance which has been directed to be made to the arbitral tribunal. The
parties shall keep this in mind while making remittance to the arbitral tribunal.

The Minutes and Procedural Orders will be sent to the parties and their Advocates by
e-mail. For the said purpose, the e-mail IDs and phone numbers of the parties, and of
their Advocates, as provided by the respective Counsel are given below:

For the Claimant and its Advocates:

SI. Name E-mail ID Phone No.
No.
1. Mr. S.D. Singh, sdsadvocate@qmail.com 9810210136
Advocate

2. Mr. Tayenjam Momo mailtms@gmail.com 9810668853

Singh, Advocate
3. Ms. Shweta Sinha, shwetasinha1 30@gm ail.com 991 1960296
Advocate
4. Mr. Sudarshan sudarshanmundhra28@gmail.com 9999833077
Mundhra, Managing
Director, M/s. SimpleX
Projects Ltd
5. M r. Amitabh Am itabh@sim plexproiects.com 0971 1206702
Chatterjee, Vice-
President, M/s.
Simplex Projects Ltd

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 For the Respondent and its Advocates:
SI. Name E-mail ID Phone No.
No.
1.
,","iJTé';n3“X:,§i“,5il_'}5 hi|'am.lenin@gmail.c0m N°‘p'°“d"d
2. Chief Engineer, ce.nhnec2021@_qmail.com Not Provided
PWD, Manipur
3. Ms.Nongmaithem Additionalaqlenin@gmail.com 7005281380
Tejpriya Devi

@t_’V\-4-..»:._.
New Delhi Justice lndu Malhotra
24.05.2021 Sole Arbitrator

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 Procedure for Examination of Witnesses
through Video-Conference

The examination of witnesses through video conferencing would be subject to the following:

All the participants in the hearing shall make available their cell/mobile phone numbers
so as to ensure communications in case there is a disruption in connectivity of the
video conference.

The camera of the witness shall be arranged in such a manner so as to enable visibility
of the surroundings of the witness.
The witness should be clearly visible throughout the examination and will not be
permitted to use features like virtual backgrounds. The Tribunal, when necessary, can
request the witness to direct the camera around the room before the commencement,
or at any time during the testimony, to satisfy itself that there is nobody present in the
room who may coach or prom pt the witness.

The witness should not have any cell/mobile phone with him/her but, the witness
should be able to access it, if directed/permitted by the Tribunal.

The witness may have available with him/her and before him/her, by way of hardcopy
or soft copy, such documents as are already available on the record of the Tribunal.

Before proceeding with the examination, the witness must confirm if he/she is alone in
the room from where he/she is testifying and in case he/she is not alone, the witness
must affirm that he/she is not receiving any direction or assistance for the testimony.

At no point during the examination, must the witness be prompted by or receive any
input from the party or the counsel.

Any advocate or representative of the parties, subject to previous intimation, and giving
of all particulars such as name, designation and phone number, shall be permitted to
have access to the place from where the witness is testifying, and such person may
remain present while the testimony of the witness is being recorded.

Prior to the hearing, physical copies of documents to be used for the witness
examination should, in the first instance, be made available to the witness, the counsel
whose witness is being examined, and the Tribunal, and the said copies of documents
must be properly marked and paginated.

If physical copies cannot be made available, the parties may use the screen sharing
feature or some other document sharing platform, for placing the same before the
witness, the counsel and the Tribunal during the questioning.

The testimonies of witnesses shall be recorded by a typist whose screen would be

shared with the Tribunal, counsel for the parties and the witness concerned. Other

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r
 witnesses who are yet to be examined may not be permitted to witness the
proceedings or see the screen shared by the typist.

The Tribunal shall obtain the signature of the person being examined on the transcript
after the examination is concluded, or in respect of each day, in case there are several
days on which the witness examination is continued. The signed transcript or
transcripts, as the case may be, shall form part of the record of the arbitral
proceedings. The signature on the transcript(s) shall be obtained and authentication
thereof shall be done in the following manner:

i) The soft copy of the transcript shall be sent via email to the Tribunal, the
counsel forthe parties and the witness;

ii) The witness shall print out the same (or the counsel for the concerned party
shall provide a printout to the witness);

iii) The printed transcript shall be signed by the witness;

iv) The signed transcript shall be scanned in PDF format and the scanned copy
shall be emailed to the Tribunal;

v) The physical signed transcript shall, either by speed-post/courier or by special

messenger, be delivered to the Presiding Arbitrator, who shall then sign the
same;

vi) Thereafter, the signed transcript (signed by the witness and the Presiding
Arbitrator) shall be scanned and the scanned copies shall be emailed to the
counsel for the parties by the tribunal. The original signed transcript shall be
retained by the Presiding Arbitrator as part of the arbitral record.
An audio-visual recording of the examination of the witness may also be preserved by
the Tribunal, if so directed by it.

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