Delhi High Court - Orders
Siemens Healthcare Pvt. Ltd vs Director General Armed Forces Medical ... on 24 March, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~6(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 84/2022
SIEMENS HEALTHCARE PVT. LTD. ..... Petitioner
Through: None.
versus
DIRECTOR GENERAL ARMED FORCES MEDICAL SERVICES
..... Respondent
Through: Mr. Harish V. Shankar, CGSC along
with Ms. S. Bushra Kazim and Mr.
Srish Kumar Mishra, Advocates.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 24.03.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The learned counsel for the respondent submits that this petition under section 11 of the Arbitration and Conciliation Act, 1996 is time barred since it has been filed after three years from 12.05.2016, when the petitioner's claim was rejected under section 43 of the Arbitration and Conciliation Act, 1996 read with Article 137 of the Limitation Act. The time available to the claimant was three years, therefore, this petition would not be maintainable. He relies upon the dicta of the Supreme Court in Bharat Sanchar Nigam Limited and Another vs. Nortel Networks India Private Limited (2021) 5 SCC 738.
2. Since none appears for the petitioner, the case is passed over at 11.35 a.m. Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:25.03.2022 07:34:30
3. At this stage at 12:01 hours when the case is called out, none appears for the petitioner.
4. The petition is dismissed in default.
NAJMI WAZIRI, J MARCH 24, 2022 RW/dss Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:25.03.2022 07:34:30