Delhi High Court - Orders
National Highway Authority Of India vs Ms Irb Ahmedabad Vadodra Super Express ... on 24 May, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 455/2022 & I.As. 18565/2022, 18567/2022
NATIONAL HIGHWAY
AUTHORITY OF INDIA ..... Petitioner
Through: Mr. Ankur Mittal, Mr. Abhay
Gupta, Ms. Zinnea Mehta,
Advocates.
versus
MS IRB AHMEDABAD VADODRA SUPER
EXPRESS TOLLWAYS PVT. LTD ..... Respondent
Through: Mr. Saurabh Kirpal, Senior
Advocate with Mr. Saket Sikri, Mr.
Anirudh Bakhru, Ms. Charu
Shriyam Singh, Ms. Pragya
Gautam, Mr. Sarthak Sachdev, Mr.
Mohnish Patkar, Mr. Nikhil Arora,
Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 24.05.2023
1. As noted in the order dated 17.11.2022, the petitioner-National Highway Authority of India ["NHAI"], seeks to challenge a decision dated 01.08.2022, by which the arbitral tribunal has held that it has no jurisdiction to direct impleadment of a party which is not party to the arbitration agreement. The petition is first to be heard on the question of maintainability, as parties join issue as to whether the impugned decision is an award susceptible to challenge under Section 34 of the Arbitration O.M.P. (COMM) 455/2022 Page 1 of 2 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 25/09/2023 at 03:10:05 and Conciliation Act, 1996 ["the Act"] at all.
2. Mr. Saurabh Kirpal, learned Senior Counsel for the respondent, relies upon the decision of a Coordinate Bench in Rhiti Sports Management Pvt. Ltd. vs. Power Play Sports & Events Ltd., 2018 SCC OnLine Del 8678 and of a Division Bench in Goyal MG Gases Pvt. Ltd. vs. Panama Infrastructure Developers Pvt. Ltd. & Ors., FAO(OS) (COMM) 217/2019, decided on 29.03.2023, to submit that rejection of an application for impleadment is not a decision subject to challenge under Section 34 of the Act.
3. Mr. Ankur Mittal, learned counsel for the petitioner, however, relies upon a judgment of the Supreme Court in ONGC Ltd. vs. Discovery Enterprises (P) Ltd., (2022) 8 SCC 42, to submit that a decision by which a non-signatory to the arbitration agreement was deleted from the array of parties was held by the Supreme Court to be an "interim award". Mr. Kirpal disputes Mr. Mittal's reading of the said judgment.
4. Learned counsel for both parties are directed to file their written submissions, in terms of order dated 17.11.2022, within four weeks dealing with these three judgments also.
5. List on 21.08.2023.
PRATEEK JALAN, J MAY 24, 2023 'vp'/ O.M.P. (COMM) 455/2022 Page 2 of 2 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 25/09/2023 at 03:10:05