Delhi High Court - Orders
Hpcl-Mittal Pipelines Ltd vs Coastal Marine Construction And ... on 19 May, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 90/2025 & CM APPL. 28535/2025
HPCL-MITTAL PIPELINES LTD .....Appellant
Through: Mr. Rajiv Nayar, Sr. Advocate with
Mr. Kartik Nayar, Mr. Rishab Kumar,
Ms. Manjeera Das Gupta, Mr. Ajit
Kumar and Mr. Prabhav Bahuguna,
Advocates.
versus
COASTAL MARINE CONSTRUCTION AND ENGINEERING
.....Respondent
Through: Mr Sandeep Sethi Sr. Adv. with Mr.
Aditya Verma, Mr. Ashwin Shankar,
Ms. Ridhi Nyti, Mr. K Rigved Prasad,
Ms. Parkhi Rai, Mr. Samar Singh,
Ms.Riya Kumar and Mr. Sumer Dev
Seth, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
ORDER
% 19.05.2025
1. This hearing has been done through hybrid mode. CM APPL. 28536/2025, 28537/2025 (for exemptions)
2. Allowed, subject to all just exceptions. Accordingly, the applications are disposed of.
FAO(OS) (COMM) 90/2025 & CM APPL. 28535/2025
3. This hearing has been done through hybrid mode.
4. The present appeal has been filed under Section 37(1)(c) of the 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 29/06/2025 at 19:21:29 Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015 challenging the impugned judgment dated 05th May, 2025 by which the ld. Single Judge has set aside the arbitral award dated 14th January, 2020 on various grounds - the primary ground being that the statement of defence of the Respondent was not duly considered.
5. The Court has heard the submissions of both the ld. Senior Counsels - Mr. Rajiv Nayar and Mr. Sandeep Sethi, for the respective parties. The matter requires consideration.
6. At this stage, the objection raised on behalf of the Respondent by Mr. Sandeep Sethi ld. Sr. Counsel, is that the amount awarded pursuant to the award dated 14th January, 2020 has already been deposited by the Respondent and released in favour of the Appellant, who has continued to enjoy the fruits thereof till date. Considering this position, the Respondent prays for the appeal to be fixed on a short date for hearing.
7. In the meanwhile, let the record before the Ld. Single Judge as also the Arbitral Record, be requisitioned in electronic form and be placed on record by the next date of hearing.
8. List for hearing on 23rd July, 2025.
PRATHIBA M. SINGH, J.
RAJNEESH KUMAR GUPTA, J.
MAY 19, 2025/MR/Ar.
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 29/06/2025 at 19:21:29