Delhi High Court - Orders
Singhal Credit Management Llp Formerly ... vs Religare Securities Ltd. & Anr on 4 March, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Jasmeet Singh
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 34/2022
SINGHAL CREDIT MANAGEMENT LLP
FORMERLY KNOWN AS SINGHAL CREDIT
MANAGEMENT LIMITED ..... Appellant
Through Mr Nityanand Singh, Advocate
versus
RELIGARE SECURITIES LTD. & ANR. ..... Respondents
Through None.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE JASMEET SINGH
ORDER
% 04.03.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM No.11055/2022
1. Allowed, subject to just exceptions. FAO(COMM) 34/2022 & CM No.11054/2022[Application filed on behalf of the appellant seeking interim relief]
2. This appeal is directed against the order dated 30.11.2021, passed by the learned District Judge (Commercial Court)-02, Patiala House Court, New Delhi.
2.1. Via this order, the learned District Judge dismissed the appellant's petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 [in short, "the Act"].
3. The crucial dates, which are required to be noticed in the instant case, FAO (COMM) 34/2022 1/2 Signature Not Verified Signed By:VIPIN KUMAR RAI Signing Date:08.03.2022 12:12:13 are the following:
(i) The arbitral award was rendered on 23.10.2012. This award, according to the appellant, was received in or around 30.10.2012.
(ii) The appellant instituted a petition under Section 34 of the Act, in the first instance, on 28.01.2013. This petition, however, was instituted in the District Court, Jaipur, in the State of Rajasthan.
(iii) The concerned court returned the petition to the appellant on 02.06.2018, with liberty to file the same with the court of competent jurisdiction.
(iv) The appellant, concededly, applied for a certified copy of the order dated 02.06.2018, on 27.07.2018. A certified copy of the said order was received by the appellant on 02.08.2018.
(v) The appellant instituted a fresh petition under Section 34 of the Act, as noticed above, before the District Court, Patiala House Court, New Delhi on 29.09.2018.
4. Mr Nityanand Singh, who appears on behalf of the appellant, says that he will persuade the court that the petition filed before the learned District Judge in New Delhi, was within time.
5. Since Mr Singh is addressing arguments through video-conferencing mechanism, and the audio is unclear, list the matter at his request on 10.03.2022.
RAJIV SHAKDHER, J JASMEET SINGH, J MARCH 4, 2022/pmc Click here to check corrigendum, if any FAO (COMM) 34/2022 2/2 Signature Not Verified Signed By:VIPIN KUMAR RAI Signing Date:08.03.2022 12:12:13