Delhi High Court - Orders
M/S Bhayana Builders Pvt Ltd vs M/S Chintels India Ltd on 14 October, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 275/2022 & CM APPL. 41082/2022
M/S BHAYANA BUILDERS PVT LTD ..... Appellant
Through: Mr Jayant Mehta, Sr. Adv. with Ms
Manmeet Kaur, Mr Gurtej Pal Singh,
Mr Chandan Malan and Mr Amrit
Singh, Advs.
versus
M/S CHINTELS INDIA LTD ..... Respondent
Through: Mr Rajshekhar Rao, Sr. Adv. with Mr
Arshdeep Singh Khurana, Mr
Harshavardhan Kotla, Ms Manshi
Sood, Mr Areeb Amanullah, Mr
Harsh Srivastava and Mr Raghav
Kohli, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 14.10.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 41082/2022
1. Allowed, subject to the appellant filing legible copies of the dim annexures, at least three days before the next date of hearing. FAO(OS) (COMM) 275/2022
2. This appeal has been preferred against the judgment of the learned Single Judge dated 08.07.2022. The learned Single Judge has set aside the award in respect of claim no.2, claim no.3 and claim no.4.
3. Claim no.2 concerns loss of profits; claim no.3 concerns the amounts payable, according to the appellant, in respect of overheads while claim no.4 FAO(OS) (COMM) 275/2022 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:27.10.2022 14:57:26 concerns amount claimed for non-payment of the balance sum against running bills.
4. Having heard Mr Jayant Mehta, learned senior counsel, who appears on behalf of the appellant, for some time, we are inclined, for the moment, to issue notice only vis-à-vis claim no.2.
5. Mr Mehta says that he would like to place on record additional documents, which includes calculation sheet in support of the submissions made vis-à-vis claim no.4.
6. Issue notice to the respondent.
6.1. Mr Arshdeep Singh Khurana accepts notice on behalf of the respondent.
7. Counsel for the parties will file their written submissions, not exceeding four pages each, at least five days before the next date of hearing.
8. List the matter on 25.04.2023.
RAJIV SHAKDHER, J TARA VITASTA GANJU, J OCTOBER 14, 2022 aj Click here to check corrigendum, if any FAO(OS) (COMM) 275/2022 page 2 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:27.10.2022 14:57:26