Delhi High Court - Orders
Flowmore Limited vs M/S Skipper Limited on 8 December, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 391/2022 and I.A. No. 15178/2022
FLOWMORE LIMITED ..... Petitioner
Through: Mr.Abhinav, Mr.Rohan Jaitley and
Ms.Pratishtha Vij, Advocates
versus
M/S SKIPPER LIMITED ..... Respondent
Through: Mr.Nikhil Nayyar, Senior Advocate
with Mr.Saurav Gupta and Ms.
Sugandha Batra, Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 08.12.2022 I.A. No. 15178/2022 and I.A. No. 15179/2022 (for Exemptions) Subject to the plaintiff filing the clear, original and legible/typed copies of any dim documents on which the plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.
The applications are disposed of.
O.M.P. (COMM) 391/2022
1. The instant petition has been filed under Section 34 of the Arbitration& Conciliation Act, 1996 seeking inter alia the following prayers:
A. Set aside the Award dated 05.07.2022 passed by the Ld. Sole Arbitrator in Arbitration Case Ref. No.05/02/2020; and B. Allow and accordingly grant Counter Claim as prayed for by the Petitioner in Arbitration Case Ref. No.05/02/2020;
2. Learned counsel appearing on behalf of the Petitioner has submitted Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:09.12.2022 19:33:07 that the Petitioner had placed a purchase order with the Respondent which was not honoured by the Respondent on account of the delays and serious breaches. Dispute arose and the partied referred the matter to arbitration. It is submitted that the learned Arbitrator has erroneously ruled in favour of the Respondent.
3. It is further submitted that the arbitral award is patently illegal and contrary to the fundamental policy of Indian Law as it is based on no evidence or even if it is based on any evidence, then there is complete mis- appreciation of evidence by the learned Arbitrator.
4. Both the parties have agreed for the final hearing of the matter and pray that the matter be listed for final hearing. Learned counsel appearing for the respondent has prayed that liberty may be granted to file the written statement. The respondent is granted liberty to file the written statement within one week, as prayed.
5. The learned counsel appearing for both the parties have prayed for some time to file a joint convenience compilation within a period of one week. Let the same be filed within one week.
5. List on 16th December, 2022 for final hearing.
CHANDRA DHARI SINGH, J DECEMBER 8, 2022 Sv/MG Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:09.12.2022 19:33:07