Delhi High Court - Orders
Mr. Sunil Sethi vs M/S Hero Fincorp Ltd on 1 May, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~30 to 32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 398/2022, I.A. 15535/2022 (Delay in Pet.)
MR. SUNIL SETHI ..... Petitioner
Through: Mr. Jaswinder Singh, Adv.
versus
M/S HERO FINCORP LTD. ..... Respondent
Through: Mr. Aditya Prasad, Mr. Amit
Kumar Sinha, Mr. Sriram
Kamal and Mr. S.K. Mehta,
Advs.
31
+ O.M.P. (COMM) 399/2022, I.A. 15537/2022 (Delay in Pet.)
M/S UPPER INDIA TRADING CO. PVT. LTD ..... Petitioner
Through: Mr. Jaswinder Singh, Adv.
versus
M/S HERO FINCORP LTD ..... Respondent
Through: Mr. Aditya Prasad, Mr. Amit
Kumar Sinha, Mr. Sriram
Kamal and Mr. S.K. Mehta,
Advs.
32
+ O.M.P. (COMM) 400/2022, I.A. 15539/2022 (Delay in Pet.)
SIMMI SETHI ..... Petitioner
Through: Mr. Jaswinder Singh, Adv.
versus
M/S HERO FINCORP LTD ..... Respondent
Through: Mr. Aditya Prasad, Mr. Amit
Kumar Sinha, Mr. Sriram
Kamal and Mr. S.K. Mehta,
Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% Signature Not Verified 01.05.2023 Digitally Signed By:NEHA Signing Date:02.05.2023 15:15:49 I.A. 15535/2022 (Delay in Pet.) in O.M.P. (COMM) 398/2022; I.A. 15537/2022 (Delay in Pet.) in O.M.P. (COMM) 399/2022; I.A. 15539/2022 (Delay in Pet.) in O.M.P. (COMM) 400/2022 The present applications have been moved for condonation of the delay which occurred in the filing and presentation of the present petitions under Section 34 of the Arbitration and Conciliation Act, 1996 [the Act]. The delay is ascribed to be on account of the indisposition of the Directors of the petitioner and because of serious medical complications which ensued.
Bearing in mind the disclosures made and considering that the filing was affected within the maximum period of 120 days as prescribed under Section 34 of the Act, the delay shall stand condoned. The applications shall consequently stand disposed of. O.M.P. (COMM) 398/2022;
O.M.P. (COMM) 399/2022;
O.M.P. (COMM) 400/2022 Bearing in mind the serious challenge which is laid with respect to the procedure which was adopted by the Arbitral Tribunal, the Court directs the petitioner to approach the said Tribunal to obtain a duly authenticated copy of the entire record and place the same before this Court in these petitions.
The Court permits the petitioner to make that request within a period of two weeks from today. The Arbitral Tribunal shall ensure that the entire arbitral record is made available within a period of four weeks therefrom.
Let the matter be called again on 24.08.2023.
YASHWANT VARMA, J.
MAY 01, 2023 bh Signature Not Verified Digitally Signed By:NEHA Signing Date:02.05.2023 15:15:49