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Mtnl vs M/S. Cosmos Telecommunication Pvt. Ltd on 10 January, 2023

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~15
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P. (COMM) 498/2019

                                 MTNL                                                 ..... Petitioner
                                                     Through:     Mr. Prashant Sharma, Advocate.

                                                              versus

                                 M/S. COSMOS TELECOMMUNICATION
                                 PVT. LTD.                              ..... Respondent
                                               Through: Mr.    Devinder       Chowdhary,
                                                        Advocate.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                     ORDER

% 10.01.2023 I.A. 411/2023(Application on behalf of the petitioner seeking waiver of costs imposed vide order dated 22.08.2022)

1. This application has been filed by the petitioner for waiver of the costs imposed by the order dated 22.08.2022.

2. Mr. Prashant Sharma, learned counsel for the petitioner, tenders his apology for his absence on the said date, and for his failure to make alternate arrangements for representation of the petitioner.

3. In view of the apology tendered, the application is allowed, and the costs imposed by the aforesaid order are waived. I.A. 17271/2019(Condonation of delay)

1. This is an application by the petitioner seeking condonation of delay in filing the present petition.

2. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], is directed an award dated 30.07.2019. It appears from the record that the petition was originally filed on 30.10.2019. Various defects were marked by the Registry from time to time, and the petition was refiled on several occasions, lastly on 26.11.2019. It was numbered on 28.11.2019, and was first listed before the Court on 29.11.2019.

3. Section 34(3) of the Act provides a period of three months for filing of the petition, and a further period of 30 days during which the delay can be condoned. It is evident that the present petition was originally filed within the said three months' period, and all defects have also been cured within the maximum condonable period of 30 days.

4. Having regard to this position, and for the reasons stated in the application, the delay in filing of the petition is condoned.

5. The application stands disposed of.

O.M.P. (COMM) 498/2019

1. Issue notice. Mr. Devinder Chowdhary, learned counsel, accepts notice on behalf of the respondent.

2. The first ground of challenge raised by the petitioner is that the impugned award dated 30.07.2019, has been passed after the expiry of the mandate of the arbitral tribunal in terms of Section 29A of the Act.

3. Learned counsel for the parties are directed to file their written submissions on this aspect, and copies of any authorities upon which they wish to rely for this purpose, within four weeks.

4. List on 20.04.2023.

I.A. 16801/2019 (Application on behalf of the petitioner for seeking stay on execution of impugned award dated 30.07.2019)

1. An interim order dated 12.12.2019 has been passed by this Court staying the enforcement of the award, subject to the petitioner depositing the 50% of the awarded amount.

2. Learned counsel for the petitioner states that the said order has been complied with.

3. The aforesaid order is made absolute, and will continue during the pendency of the petition.

4. The application stands disposed of.

PRATEEK JALAN, J JANUARY 10, 2023 'pv/Bhupi'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (COMM) 498/2019 Page 3 of 3 Signing Date:11.01.2023 12:33:48