Delhi High Court - Orders
Bhadra International (India) Pvt. Ltd. ... vs Airports Authority Of India on 19 December, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~38 to 41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 414/2018 & I.A. 1834/2022
BHADRA INTERNATIONAL
(INDIA) PVT. LTD. & ORS. ..... Petitioners
versus
AIRPORTS AUTHORITY OF INDIA ..... Respondent
+ O.M.P. (COMM) 415/2018 & I.A. 1842/2022
BHADRA INTERNATIONAL
(INDIA) PVT. LTD. & ORS. ..... Petitioners
versus
AIRPORTS AUTHORITY OF INDIA ..... Respondent
+ O.M.P. (COMM) 3/2019 & I.As. 76/2019, 1903/2019, 1905/2019,
13809/2021
AIRPORTS AUTHORITY OF INDIA ..... Petitioner
versus
BHADRA INTERNATIONAL
(INDIA) PVT. LTD. & ORS. ..... Respondents
+ O.M.P. (COMM) 4/2019 & I.As. 78/2019, 1904/2019, 1906/2019,
13803/2021
AIRPORTS AUTHORITY OF INDIA ..... Petitioner
versus
Signature Not Verified
Digitally Signed
By:SHITU NAGPAL O.M.P. (COMM) 414/2018 & Connected Matters Page 1 of 3
Signing Date:20.12.2022
12:19:18
BHADRA INTERNATIONAL
(INDIA) P LTD & ORS. ..... Respondents
Present:- Mr. Parag P. Tripathi, Senior Advocate with Mr. Sonal K.
Singh, Ms. Sukanya Lai, Mr. Sparsh Goel & Ms. Gunjan
Gupta, Advocates for Airport Authority of India.
Mr. Ashish Mohan, Advocate for Petitioner in Item No. 38,
for Respondent in Item No. 40.
Mr. Amit Sibal, Senior Advocate with Mr. Ashish Mohan,
Ms. Vinamra Koparia & Mr. Vinay Triphathi, Advocates for
Petitioner in Item No. 39 and for Respondent in Item No. 41
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.12.2022
1. These petitions under Section 34 of the Arbitration and Conciliation Act, 1996 are cross petitions directed against two separate awards, albeit in a very similar terms.
2. In O.M.P. (COMM) 414/2018 and O.M.P. (COMM) 415/2018, the petitioner have made applications for amendment of the petitions to raise an additional ground of challenge on account of the fact that the learned arbitrator was unilaterally appointed by the respondent.
3. Mr. Parag P. Tripathi, learned Senior Counsel for the Airport Authority of India, states that although the respondent is opposing the applications, if the Court ultimately allows the applications, it will not be necessary for the respondent to file a further reply or any further documents as the question before the Court is a question of law which can be adjudicated on the basis of material already placed before the Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (COMM) 414/2018 & Connected Matters Page 2 of 3 Signing Date:20.12.2022 12:19:18 Court.
4. In view of the above, the petitions are ready for final hearing, which is not possible today as it is already past 4:30 PM.
5. List on 13.04.2023.
PRATEEK JALAN, J DECEMBER 19, 2022/'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (COMM) 414/2018 & Connected Matters Page 3 of 3 Signing Date:20.12.2022 12:19:18