Delhi High Court - Orders
South Delhi Municipal Corporation vs Jmc Projects (India) Ltd on 30 September, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 293/2021
SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Mr. Sandeep Bajaj, Standing Counsel
for SDMC with Ms. Aakanksha
Nehra, Mr. Naman Tandon, Mr. Asav
Rajan and Mr. Ajay Sharma,
Advocates.
versus
JMC PROJECTS (INDIA) LTD. ..... Respondent
Through: Mr. Sachin Datta, Senior Advocate
with Ms. Prity Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.09.2021
[VIA VIDEO CONFERENCING]
CAV 35/2021
1. Respondent has appeared. Accordingly, the caveat stands discharged. I.A. 12798/2021 (for exemption from filing the original/ legible/ certified documents)
2. Allowed, subject to just exceptions.
3. The Petitioner shall file legible copies of exempted documents, compliant with practice rules, before the next date of hearing.
4. Accordingly, the application stands disposed of. O.M.P. (COMM) 293/2021 & I.A. 12797/2021 (u/S 151 of the CPC, 1908 r/w Section 36(2) and (3) of the Arbitration and Conciliation Act, 1996 for stay of the impugned award dated 30.06.2021)
5. Issue notice. Ms. Prity Sharma, accepts notice for Respondent.
6. The parties are directed to file a brief note of submissions, not exceeding five pages, along with relevant case laws, if any, at least one week before the next date of hearing. Copy thereof also be sent to the Court Master via e-mail, within the same timeline. The note should concisely indicate the following: (i) the exact dispute before the learned Arbitral Tribunal, (ii) the claims in respect of which the Petitioner is aggrieved, (iii) the decision as well as the reasoning of the learned Arbitral Tribunal, qua such claims, with reference to the relevant para and page numbers of the impugned award, and (iv) grounds as to why the decision of the learned Arbitral Tribunal merits/ does not merit interference, in view of Section 34 of the Arbitration and Conciliation Act, 1996 and the parameters laid down by the Supreme Court in respect of each ground of challenge raised.
7. The impugned award is in nature of an award for payment of money. Thus, having regard to the provisions of the Code of Civil Procedure, 1908 relating to stay of money decree, it is directed that subject to the Petitioner depositing the awarded amount i.e., the principal amount along with up-to date interest, before the Registrar General of this Court, within a period of six weeks from today, execution of the impugned amount shall remain stayed.
8. Re-notify on 17th December, 2021.
SANJEEV NARULA, J SEPTEMBER 30, 2021/nd