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Delhi High Court - Orders

Executive Engineer National Highway ... vs S&P Infrastructure Developers (P) Ltd on 24 August, 2021

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~3
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     O.M.P. (COMM) 400/2020, I.A. 3006/2020, I.A. 3008/2020 &
                               I.A. 3009/2020

                               EXECUTIVE ENGINEER NATIONAL
                               HIGHWAY DIVISION                       ..... Petitioner
                                            Through  Mr Udian Sharma, Mr Manish
                                                     Kumar and Mr Jaideep Khanna,
                                                     Advocates.

                                                  versus

                               S&P INFRASTRUCTURE DEVELOPERS
                               (P) LTD                              ..... Respondent
                                            Through Mr M Dutta, Mr Aditya Guha and
                                                    Mr Pavan Kumar Chaturvedi,
                                                    Advocates.

                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                          ORDER

% 24.08.2021 [Hearing Held Through Videoconferencing]

1. The petitioner states that it had received the award on 16.09.2019 however there is no material to evidence the same. Concededly, if the award was received one day prior to 16.09.2019, the filing of the petition would be delayed beyond the period of one month that can be condoned.

2. Mr Sharma, the learned counsel for the petitioner had initially contended that the petitioner had received the award by post however, there is no evidence as to when such post was received.

3. The petitioner shall file an affidavit clearly indicating as to the Signature Not Verified Digitally signed by:DUSHYANT RAWAL manner in which the award was received and the date on which the same was received. Let the affidavit be filed within a period of one week from today.

4. The learned counsels for the parties are also at liberty to file short note of their submissions on merits.

5. It also appears that the relevant documents from the arbitral record have not been filed. A final opportunity is granted to the petitioner to ensure that all relevant documents from the arbitral record are filed within a period of one week from today.

6. List on 28.09.2021.

VIBHU BAKHRU, J AUGUST 24, 2021 nn Signature Not Verified Digitally signed by:DUSHYANT RAWAL