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Delhi High Court - Orders

Bilcare Limited vs Council Of Scientific And Industrial ... on 2 September, 2022

Author: Neena Bansal Krishna

Bench: Neena Bansal Krishna

                          $~11
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ARB. A. (COMM.) 2/2019
                                 BILCARE LIMITED
                                                                                       ..... Petitioner
                                                    Through:    Mr. Nishant Ravi Goel, Advocate.

                                                    versus

                                 COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
                                                                                    ..... Respondent
                                                    Through:    Mr. Udit Sharma, Advocate through
                                                                video conferencing.

                                 CORAM:
                                 HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                  ORDER

% 02.09.2022

1. It is submitted that an appeal under Section 37 (2)(b) of the Arbitration & Conciliation Act, has been filed on behalf of the petitioner seeking setting aside of the Order dated 12th December, 2018 of the learned Arbitrator. The proceedings before the learned Arbitrator has been stayed by the Order dated 21st January, 2019 of this Court on account of the Notification under The Maharashtra Relief Undertakings (Special Provisions) Act, 1958 (in short '1958 Act'). Section 4(l)(a)(iv) of the 1958 Act reads as follows;

"4(l)(a)(iv) any right, privilege, obligation or liability accrued or incurred before the undertaking was declared a relief undertaking and any remedy for the enforcement thereof shall be suspended and all proceedings relative Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:06.09.2022 17:53:08 thereto pending before any court, tribunal, officer or authority shall be stayed''

2. Consequently, the proceedings before the learned Arbitrator had been stayed by this Court vide Order dated 21st January, 2019. Considering the circumstances that the Notification is renewed every year, this petition be consigned sine die, to be revived as and when an application is filed on behalf of either party.

NEENA BANSAL KRISHNA, J SEPTEMBER 2, 2022 va Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:06.09.2022 17:53:08