Delhi High Court - Orders
Amardeep Builders vs Dsiidc on 12 February, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 79/2024 and I.A. 3250/2024, 3251/2024
AMARDEEP BUILDERS ..... Petitioner
Through: Mr. S.K. Jain, Ms. Stuti Jain, Mr.
Akshu Jain & Ms. Vishwa Bharti,
Advocates (Mob. No. 9810300955)
versus
DSIIDC ..... Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 12.02.2024
1. This hearing has been done through hybrid mode. I.A.3250/2024 (for exemption)
2. This is an application seeking exemption from filing certified copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed, if sought, strictly as per the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018. Exemption is allowed, subject to all just exceptions.
3. Accordingly, the application is disposed of. I.A.3251/2024 (for delay)
4. Issue notice, returnable on 9th April, 2024.
O.M.P.(COMM) 79/2024
5. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside the arbitral award dated 19th September, 2023. The Petitioner and the Respondent entered into an agreement for the work of Redevelopment & Maintenance of Industrial This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2024 at 22:52:27 Areas SH: Redevelopment and Up- gradation of road & drains at Udyog Nagar (Peera Garhi) Industrial Area to the Petitioner vide letter dated 2nd January, 2015. The dispute in the present matter have arisen due to the non- compliance of the agreement and delay in work by the Petitioner. Thus, the matter was referred to arbitration vide order dated 13th August, 2021 in three Arbitration petitions i.e., ARB.P. No. 22/2020, 23/2020, and 24/2020 and the arbitral award was granted on 19th September, 2023.
6. Let the copy of the petition be served upon Mr. R.K. Dhawan, advocate (M:9899775330) nominated counsel for Delhi State Industrial and Infrastructure Development Corporation ('DSIIDC') in order to assist the Court on the next date of hearing.
7. In addition, the Petitioner and Respondent shall produce a chart on the next date of hearing specifying the following:
total value of the contract, total payments received, date of commencement of work, date of completion of work, chart of claims raised and total awarded amount.
8. Let the arbitral record be requisitioned from the Arbitrator by the Registry for the next date of hearing.
9. List on 9th April, 2024.
10. Ld. Counsel for the DSIIDC to also inform the Court as to whether it has challenged the impugned award dated 19th September, 2023.
PRATHIBA M. SINGH, J.
FEBRUARY 12, 2024/dk/bh This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2024 at 22:52:27