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Delhi High Court - Orders

Shristi Infrastructure Development vs Scorpio Engineering Private Limited ... on 4 August, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~13
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P. (COMM) 246/2022

                                 SHRISTI INFRASTRUCTURE DEVELOPMENT ..... Petitioner
                                               Through: Mr. Gaurav Mitra, Mr. Utsav
                                                        Mukherjee, Ms. Megha Tyagi and
                                                        Mr. Adit Singh, Advocates
                                                        (Mobile No. 9911917380).

                                                            versus

                                 SCORPIO ENGINEERING PRIVATE
                                 LIMITED AND ANR                         ..... Respondents
                                              Through: Mr. Satyam Dwivedi and Mr.
                                                       Harshit Prakash, Advocates for R-
                                                       1(Mobile No. 9523306113).
                                                       Mr. Anirban Bhattacharya, Mr.
                                                       Dhruv Sachdeva and Mr. Rajeev
                                                       Chowdhary, Advocates for R-2.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                    ORDER

% 04.08.2022

1. It is stated on behalf of the learned counsel for the parties that, another petition under Section 34 of the Arbitration and Conciliation Act, 1996 [O.M.P.(COMM) 408/2020] has been filed against the same award by the respondent No.2 herein. The said petition is stated to be next listed on 15.12.2022.

2. Issue notice. Mr. Satyam Dwivedi, learned counsel, accepts notice on behalf of the respondent No.1 and Mr. Anirban Bhattacharya, learned Signature Not Verified Digitally signed O.M.P. (COMM) 246/2022 Page 1 of 2 By:SHITU NAGPAL Signing Date:06.08.2022 11:22:07 counsel, accepts notice on behalf of the respondent No.2. Reply to the petition be filed within four weeks. Rejoinder thereto, if any, be filed within 2 weeks thereafter.

3. Mr. Dwivedi submits that the present petition is barred by limitation. Mr. Gaurav Mitra, learned counsel for the petitioner, however, disputes this position. The reply may be filed without prejudice to this contention. The rights and contentions of the parties on this question are expressly reserved.

4. List alongwith O.M.P.(COMM) 408/2020 on 15.12.2022.

5. In the meanwhile, learned counsel for the respondents are at liberty to file copies of any documents, provided they were a part of the arbitral record. Learned counsel for all the parties will also file their comprehensive written submissions, not exceeding five pages each, alongwith copies of any judgments upon which they wish to rely, within four weeks from today.

PRATEEK JALAN, J AUGUST 4, 2022 'vp' Click here to check corrigendum, if any Signature Not Verified Digitally signed O.M.P. (COMM) 246/2022 Page 2 of 2 By:SHITU NAGPAL Signing Date:06.08.2022 11:22:07