Delhi High Court - Orders
Om Logistics Ltd vs Zte Telecom India Pvt. Ltd on 1 December, 2023
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 8/2020
OM LOGISTICS LTD.
..... Petitioner
Through: Mr. Manish Sharma, Mr. Ambuj
Tiwari, Mr. Ninad Dogra and Ms.
Adya Rao, Advocates.
versus
ZTE TELECOM INDIA PVT. LTD.
..... Respondent
Through: Mr. Vijay Kaundal and Ms. Nandini
Aishwarya, Advocates.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 01.12.2023 I.A.16301/2021 (under Section 34(3) of the Arbitration and Conciliation Act, 1996 on behalf of the petitioner seeking Condonation of Delay of 28 days in filing the petition)
1. An application has been filed on behalf of the petitioner seeking Condonation of Delay of 28 days in filing the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").
2. The log information discloses that the petition under Section 34 of the Act was filed on 16.09.2019 against the Award dated 29.01.2019, copy of which was received by the petitioner on 21.08.2019, and the defects noted were that it was filed "without book marking and without pagination".
3. Inherently, no effects had been noticed which would make the filing nonest. Hence, the date of institution of the objections is taken as 16.09.2019 which is beyond the period of three months but within a period This is a digitally signed order.
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 05/12/2023 at 00:33:14 of 120 days. The explanation given in the condonation application is that the records were voluminous and it took some time to prepare the objections.
4. The condonation application is allowed and the objections are taken on record as having been filed within the time prescribed under Section 34(3) of the Arbitration & Conciliation Act.
I.A. 235/2020 (under Section 151 CPC on behalf of the petitioner seeking Condonation of Delay in re-filing of the petition under Section 34 of the Arbitration & Conciliation Act)
5. For the reasons stated, the application is allowed and is accordingly disposed of.
I.A. 4582/2022 (under Section 34(3) of the Arbitration & Conciliation Act on behalf of the petitioner for Direction to the Arbitral Tribunal to eliminate illegality of the Arbitral Award)
6. An application has been filed on behalf of the petitioner under Section 34(3) of the Act with the direction to resume the arbitral proceedings or to take such other action which would eliminate the grounds for setting aside the arbitral Award.
7. Learned counsel for the petitioner seeks permission to withdraw the present application.
8. The application is permitted to be withdrawn and is accordingly disposed of.
O.M.P. (COMM) 8/2020
9. Written submissions filed on behalf of the respondent are not on record and they are stated to be under objections.
10. The respondent to clear the objections and to get the written This is a digitally signed order.
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 05/12/2023 at 00:33:14 submissions placed on record.
11. Renotify on 17.05.2024.
NEENA BANSAL KRISHNA, J DECEMBER 1, 2023/va This is a digitally signed order.
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 05/12/2023 at 00:33:15