Delhi High Court - Orders
National Highways Authority Of India vs M/S Abhijeet Angul Sambalpur Toll Road ... on 10 August, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~22 (original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 224/2021 & I.A.9860/2021, I.A.9861/2021,
I.A.9862/2021, I.A.9863/2021, I.A.9864/2021
NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Petitioner
Through: Ms. Aishwarya Bhati,
Addl.Solicitor General with Ms. Neetica
Sharma and Ms.Shreya Sethi, Advs.
versus
M/S ABHIJEET ANGUL SAMBALPUR TOLL ROAD LIMITED
..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 10.08.2021
(Video-Conferencing)
I.A.9862/2021 (exemption)
1. Allowed subject to all just exceptions.
2. The application stands disposed of.
I.A.9863/2021 (exemption from filing notarized affidavit)
1. In view of the reasons stated in this application, exemption is granted for the present from filing notarized copies of affidavit and Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (COMM) 224/2021 Page 1 of 4 Signing Date:11.08.2021 18:21:17 documents, subject to the petitioner filing the same as early as possible, when the situation eases.
2. The application is disposed of.
I.A.9864/2021 (extension for filing court fees)
1. Ms. Neetica Sharma submits that court fees would be deposited within a week. Subject thereto, exemption is granted for the present.
2. The application is allowed accordingly.
O.M.P. (COMM) 224/2021 & I.A.9860/2021 (condonation of delay), I.A.9861/2021 (under Section 36(2, 3)
1. This petition impugns order dated 26th August, 2020, passed by the Arbitral Tribunal, presently in seisin of the disputes between the parties.
2. The issue involved in this petition is limited. The learned Arbitral Tribunal has, by the impugned order, declined to consider two of the three counter claims filed by the petitioner before it, and has stated that it would consider only the counter claim for ₹ 12.2 crores. This, apparently, is on the premise that, by an earlier order dated 24th September, 2019, the learned Arbitral Tribunal had permitted the petitioner to file a counter claim for an amount of ₹ 12.2 crores. The learned Arbitral Tribunal has, therefore, apparently proceeded on the Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (COMM) 224/2021 Page 2 of 4 Signing Date:11.08.2021 18:21:17 premise that the right of the petitioner to file the counter claim stood circumscribed by its earlier order dated 24th September, 2019.
3. Ms. Aishwarya Bhati, learned Additional Solicitor General submits that the learned Arbitral Tribunal was not justified in restricting the right of the petitioner to file counter claims to the liberty granted by the order dated 24th September, 2019. Independent of the said order, she submits that the petitioner's right to counter claim arises from the provisions of the Arbitration & Conciliation Act, 1996 and no liberty is required for the said purpose. Needless to say, the right of the opposite party to oppose the counter claim on all available grounds would stand reserved.
4. Prima facie, the justifiability of the impugned order, of the learned Arbitral Tribunal, not to allow two of the three counter claims filed by the petitioner to be taken on record or to consider the said counter claims, appears debatable.
5. In view thereof, issue notice to the respondent by all means including through Mr. Sunil Chandwani, learned Counsel appearing for the respondent before the learned Arbitral Tribunal, returnable on 3rd September, 2021.
6. Reply to this petition be filed positively within two weeks from the date of service of notice on the respondent/learned Counsel for the respondent with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, before the next date of hearing.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (COMM) 224/2021 Page 3 of 4 Signing Date:11.08.2021 18:21:177. As the arbitral proceedings are stated to be near completion, and arguments are being addressed, limited to the claims and the sole counter claim of the petitioner which has been entertained by the Arbitral Tribunal, this petition is required to be decided expeditiously.
8. As such, parties are directed to abide by the time schedule fixed hereinabove which ordinarily would not be relaxed.
9. Re-notify O.M.P. (COMM) 224/2021 and I.A.9860/2021 for disposal on 3rd September, 2021.
10. The proceedings before the Arbitral Tribunal may continue but shall remain subject to the outcome of the present proceedings.
11. I.A.9861/2021 stands disposed of in view of the order passed today.
C. HARI SHANKAR, J AUGUST 10, 2021/kr Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (COMM) 224/2021 Page 4 of 4 Signing Date:11.08.2021 18:21:17