Delhi High Court - Orders
M/S Driplex Water Engineering Private ... vs Ntpc Limited on 17 August, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~27 & 11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 99/2021 & EX.APPL.(OS) 874/2021,
EX.APPL.(OS) 670/2021.
M/S DRIPLEX WATER ENGINEERING PRIVATE LIMITED
..... Decree Holder
Through: Mr. Vikram Nandrajog, Advocate
with Ms. Sonal Alagh, Advocate.
versus
NTPC LIMITED ..... Judgement Debtor
Through: Mr. Sanjay Jain, ASG with Mr. R.K
Joshi, Advocate.
+ O.M.P. (COMM) 19/2021 & I.A. 10293/2021, I.A.10294/2021.
NTPC LTD ..... Petitioner
Through: Mr. Sanjay Jain, ASG with Mr. R.K
Joshi, Advocate.
versus
DRIPLEX WATER ENGINEERING PVT. LTD ..... Respondent
Through: Mr. Vikram Nandrajog, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.08.2021 [VIA VIDEO CONFERENCING]
I.A. No. 664/2021 (for staying the arbitration award) in O.M.P. (COMM) 19/2021
1. The Petitioner (NTPC Ltd.) seeks stay of the impugned award. Having regard to the provisions of Code of Civil Procedure, 1908 as applicable to the grant of stay of money decrees, subject to the Petitioner depositing the awarded amount (principal + up to date interest) within a period of four weeks from today, the execution of impugned award shall remain stayed in this case.
OMP (ENF.) (COMM.) 99/2021 & O.M.P. (COMM) 19/2021
2. Mr. Sanjay Jain, learned ASG has been heard for some time. Parties are directed to file brief note of submissions, which should precisely indicate the following: (i) the exact dispute before the learned Arbitral Tribunal, (ii) the reasoning and decision of the learned Arbitral Tribunal, qua the claims in respect of which the petitioner is aggrieved, with reference to the relevant portion of the impugned award and (iii) why the decision of the learned Arbitral Tribunal merits interference, in view of the parameters laid down by the Supreme Court with respect to scope of Section 34 of the Arbitration & Conciliation Act, 1996, with reference to each ground of challenge.
3. Re-notify the matters on 24th September, 2021.
SANJEEV NARULA, J AUGUST 17, 2021 as