Himachal Pradesh High Court
Power Project vs Ntpc Limited. When This Case Was Taken Up ... on 5 April, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 5th DAY OF APRIL, 2022,
BEFORE
.
HON'BLE MR. JUSTICE AJAY MOHAN GOEL.
ARBITRATION CASE No.63 OF 2014
NTPC LIMITED, KOL DAM HYDRO
POWER PROJECT, VILLAGE AND
POST OFFICE BARMANA, TEHSIL
SADAR DISTRICT BILASPUR (H.P.),
THROUGH SHRI ATUL PANDEY SON
OF LATE SHRI H.C. PANDEY,
SENIOR MANAGER (CIVIL), NTPC
LIMITED.
...PETITIONER
(BY MR. NEERAJ GUPTA, SR. ADVOCATE WITH MR. AJEEET
JASWAL, ADVOCATE)
AND
ARIEN NEW DELHI PVT. LTD. B-13,
SUBHASH CHOWK, VIKAS MARG,
LAXMI NAGAR, DELHI 110092
THROUGH ITS DIRECTOR
...RESPONDENT
(BY MR. SUNEET GOEL, ADVOCATE)
_____________________________________________________________
WHETHER APPROVED FOR REPORTING? No
________________________________________________________________
This petition coming on for orders this day, the Court
passed the following:
JUDGMENT
These objections filed under Section 34(3) of the Arbitration and Conciliation Act, 1996 are directed against the Award dated 28th June 2013, passed by the learned Sole Arbitrator in the matter titled as Arien, New Delhi Private Limited vs. NTPC limited. When this case was taken up for consideration, an objection was raised by the learned counsel for ::: Downloaded on - 08/04/2022 20:10:28 :::CIS 2 the respondent with regard to the maintainability of these objections in this Court on the ground that the claim which was preferred by the claimant before the learned Arbitrator was for a .
sum of Rs.16,41,068/- approximately i.e. less than the pecuniary jurisdiction of this Court. In this background, on 30.03.2022, the following order was passed:
"When this case was taken up for consideration, Mr. Suneet Goel, learned counsel for the Judgment Debtor in Execution Petition No.05 of 2020 and for the respondent in Arbitration Case No.63 of 2014 submits that the objections which have been preferred by the petitioner under Section 34 of the Arbitration and Conciliation Act are not maintainable before this Court. Learned Senior Counsel appearing for the petitioner in Arbitration Case No.63 of 2014 submits that the matter be taken up after some time so as to ascertain this fact".
2. Today, a prayer has been made on behalf of the petitioner that it will be in the interest of justice, in case, the objections so filed by the petitioner are returned back with the observation that the same be presented before the appropriate Court/ forum with further observation that the time which has been spent by the petitioner while pursuing these proceedings bonafidely before this Court be taken into consideration while calculating limitation.
3. In view of the prayer so made, these proceedings are closed by ordering the return of the objection-petition to the petitioner for being presented before the appropriate forum/Court of law with further observation that while calculating limitation, the time spent by the petitioner before this ::: Downloaded on - 08/04/2022 20:10:28 :::CIS 3 Court shall not be counted for the purpose of limitation. It is further observed that the objections alongwith the signed copy of the award be returned back to the petitioner and in lieu thereof .
for the purpose of record, a photocopy of the objections as well as the award of the learned Arbitrator be retained. The petition alongwith the signed copy of the award be definitely returned back to the petitioner as per Rules latest by 23rd April, 2022.
(Ajay Mohan Goel) Judge April 05, 2022 Vinod ::: Downloaded on - 08/04/2022 20:10:28 :::CIS