Delhi High Court - Orders
Ashok Kumar Puri & Anr vs S. Suncon Realtors Pvt. Ltd. & Anr on 10 September, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 610/2021
ASHOK KUMAR PURI & ANR. ..... Petitioners
Through: Mr. Ajay Kapur, Sr. Advocate with
Mr. Harshbir Singh Kohli and Ms.
Mahima Dang, Advocates.
versus
S. SUNCON REALTORS PVT. LTD. & ANR. ..... Respondents
Through: Mr. Amit Khemka with Mr. Rishi
Sehgal, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 10.09.2021 CM 30676/2021 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 610/2021 & CM 30675/2021 (for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 2nd March, 2021 passed by the Commercial Court, South East, Saket, New Delhi whereby the application for condonation of delay in filing objections under Section 34 of the Arbitration and Conciliation Act, 1996 on behalf of the respondents has been allowed subject to cost of Rs.5,000/-.
4. It is contended by the learned senior counsel appearing on behalf of the petitioners that in the present case the objections were filed on the last date permissible to file such objections and it qualifies as the case of 'non-est filing' as per the defects pointed out by the Registry at Page No. Signature Not Verified Signed By:SAKSHI RAMOLA Location: CM(M) 610/2021 Page 1 of 2 Signing Date:11.09.2021 12:22 125 of the electronic file. Therefore, he contends that this is not a case where the delay should have been condoned.
5. Learned counsel appearing on behalf of the respondents objects to the maintainability of the present petition under Article 227 of the Constitution of India. He submits that the proper course would have been to file an appeal under Section 37 of the Act after the petition under Section 34 is decided by the Commercial Court.
6. It is clarified that Section 34 proceedings filed before the Commercial Court would continue. However, the same would be subject to the outcome of the present issue.
7. List the petition for hearing on 27th September, 2021.
AMIT BANSAL, J SEPTEMBER 10, 2021 at Signature Not Verified Signed By:SAKSHI RAMOLA Location: CM(M) 610/2021 Page 2 of 2 Signing Date:11.09.2021 12:22