Delhi High Court - Orders
Ministry Of Health And Family Welfare vs M/S Jmc Projects (India) Ltd on 15 March, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM.) 271/2022
MINISTRY OF HEALTH AND FAMILY WELFARE ..... Petitioner
Through: Mr. Mukul Singh, CGSC with Mr.
Praveen Kumar Jain and Ms. Rashmi
Singh, Advocates.
versus
M/S JMC PROJECTS (INDIA) LTD. ..... Respondent
Through: Mr. Vikas Mishra, Mr. Nikhil
Chawla, Mr. K. Dev Yadav and Ms.
Suchitra Chawla, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 15.03.2024 I.A. 10289/2022 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.
I.A. 10290/2022By way of the present application filed on the principles of section 151 of the Code of Civil Procedure 1908, the petitioner seeks leave to file additional documents which are part of the arbitral record.
2. For the reasons stated in the application, which are duly supported by an affidavit, the application is allowed.
This is a digitally signed order. O.M.P. (COMM.) 271/2022 Page 1 of 3The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 21:16:51
3. The additional documents are taken on record.
4. The application stands disposed-of.
O.M.P. (COMM.) 271/2022
5. Notice on this petition was issued on 20.09.2022.
6. For the record, this petition impugning Arbitral Award dated 24.09.2021 as corrected by the corrigenda was first filed on 24.05.2022, which is accordingly within time, since it has been filed within the 90-day grace period provided by the Supreme Court vide order dated 10.01.2022 in In re: Cognizance for Extension of Limitation1 commencing 01.03.2022.
7. Mr. Vikas Mishra, learned counsel appearing for the respondent submits that in a connected matter bearing O.M.P. (COMM.) No.219/2022, vide order dated 29.08.2023 made by the learned Joint Registrar, the name of the respondent has been directed to be changed from "M/s JMC Projects (India) Ltd." to "M/s Kalpatru Projects International Limited". Counsel submits the same change is required to be made in the present matter as well.
8. In view of the submission made, upon oral prayer, the name of "M/s JMC Projects (India) Ltd." is also directed to be changed to "M/s Kalpatru Projects International Limited". Let amended memo of parties be filed within 03 weeks.
9. The Registry is directed to reflect the requisite amendments in the cause title and cause-list.
1(2022) 3 SCC 117 This is a digitally signed order. O.M.P. (COMM.) 271/2022 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 21:16:51
10. Learned counsel appearing for the petitioner seeks time to file rejoinder.
11. By way of a last opportunity, let rejoinder be filed within 06 weeks;
with copy to the opposing counsel.
12. Learned counsel appearing for the parties are also directed to file brief synopses of their respective submissions, alongwith a list of judicial precedents they seek to rely upon, not exceeding 03 pages; with copies to the opposing counsel.
13. Re-notify alongwith O.M.P. (Comm.) No. 219/2022 on 24th July 2024.
ANUP JAIRAM BHAMBHANI, J MARCH 15, 2024 V.Rawat This is a digitally signed order. O.M.P. (COMM.) 271/2022 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 21:16:52