Medeor Hospital Limited Formerly ... vs Ernst And Young Llp on 4 March, 2022

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Delhi High Court - Orders

Medeor Hospital Limited Formerly ... vs Ernst And Young Llp on 4 March, 2022

Bench: Sanjeev Narula

                          $~35
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P. (COMM) 116/2022 & I.A. 3576/2022, I.A. 3577/2022, I.A.
                                 3578/2022 & I.A. 3579/2022
                                 MEDEOR HOSPITAL LIMITED FORMERLY ROCKLAND
                                 HOSPITALS LIMITED                              ..... Petitioner
                                               Through: Mr. Rakesh Khanna, Senior Advocate
                                                        with Mr. Rohan Jaitley, Advocate.
                                                    versus

                                 ERNST AND YOUNG LLP                                  ..... Respondent
                                              Through:           Mr.    Darpan     Wadhwa,       Senior
                                                                 Advocate with Mr. Prateek Khanna,
                                                                 Ms. Ravneet Kaur Malik and Mr.
                                                                 Nikhil Patnaik, Advocates.

                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV NARULA
                                       ORDER

                          %            04.03.2022
                          [VIA HYBRID MODE]

I.A. 3577/2022 (u/ Section 151 of the Code of Civil Procedure, 1908 [hereinafter "CPC"] on behalf of the Petitioner seeking exemption from filing the legible/ fair/ certified/ original copy of document annexures)

1. Exemption is granted, subject to all just exceptions.

2. The Petitioner shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

I.A. 3578/2022 (u/ Section 34(3) of the Arbitration & Conciliation Act, 1996 [hereinafter "the Act"] on behalf of the Petitioner seeking condonation of delay, if any, in filing the present petition)

4. For the grounds and reasons stated in the application, the delay of 29 Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:05.03.2022 15:56:22 days in filing the petition is condoned

5. Accordingly, the application is disposed of.

I.A. 3576/2022 (u/ Section 151 of CPC on behalf of the Petitioner seeking exemption from furnishing deposit on filing of appeal)

6. The impugned award is in the nature of a money award. Thus, having regard to the provisions under the Code of Civil Procedure, 1908 relating to stay of a money decree, subject to Petitioner depositing the arbitral award amount (principal plus up-to date interest) within four weeks from today, the execution of the impugned award shall remain stayed.

O.M.P. (COMM) 116/2022

7. Issue notice. Mr. Prateek Khanna, Advocate accepts notice on behalf of the Respondent.

8. Parties are directed to file a brief note of submissions, not exceeding three pages, along with relevant caselaws, if any, at least one week before the next date of hearing. Copy thereof also be sent to the Ld. Court Master via e-mail, within the same timeline. The note should concisely indicate the following: (i) the exact dispute before the Ld. Arbitral Tribunal, (ii) the claims in respect of which the Petitioner is aggrieved, (iii) the decision as well as the reasoning of the Ld. 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 Ld. Arbitral Tribunal merits/ does not merit interference, in view of Section 34 of the Act and the parameters laid down by the Supreme Court in respect of each ground of challenge raised.

Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:05.03.2022 15:56:22

9. The Petitioner is also directed to file a gist of the impugned award, not exceeding five pages, within the aforementioned timelines.

10. Re-notify on 22nd April, 2022.

SANJEEV NARULA, J MARCH 4, 2022 v Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:05.03.2022 15:56:22

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Delhi High Court - Orders