Delhi High Court - Orders
Dwarika Projects Limited vs Director Of Civil Aviation & Anr on 12 January, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 13/2023 & I.A. 541/2023 & I.A. 542/2023 & I.A.
540/2023 & I.A. 543/2023
DWARIKA PROJECTS LIMITED ..... Petitioner
Through: Mr. Ravikesh K. Sinha, Advocate
versus
DIRECTOR OF CIVIL AVIATION & ANR. ..... Respondents
Through: Mr. Vinod Dimatrar, Mr. Adarsh
Upadhyay and Mr. Aman Pathak,
Advocates for R-1
Mr. G.S. Chaturvedi, Advocate for R-
2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 12.01.2023
1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") has been filed on behalf of the petitioner seeking the following reliefs:-
"(a) set aside the Impugned Arbitral Award dated 28.04.2022 read with further Award dated 27.07.2022 and 28.07.2022 (received by the Petitioner on 30.07.2022 on clarification of Application of the Petitioner dated 23.05.2022 filed under Section 33 of the Arbitration and Conciliation Act, 1996 passed by the Ld. Sole Arbitrator Mr. Sanjay Agrawal (an Officer of Respondent No. 2);
(b) Reconstitute and remand the matter for fresh adjudication of the claims of the Petitioner before any other Sole Arbitrator which may be appointed by this Hon'ble Court in the interest of Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:13.01.2023 18:29:49 justice and equity..."
2. Learned counsel appearing on behalf of respondents, appearing on advance notice, vehemently opposed the instant petition and submitted that the instant petition is debarred and no ground is made out in the application filed under Section 34(3) of the Act for condonation of delay.
3. On that pretext, learned counsel appearing on behalf of petitioner seeks some time to file an appropriate affidavit. Let the same be filed within a week.
4. List on 23rd January, 2023.
CHANDRA DHARI SINGH, J JANUARY 12, 2023 Dy/as Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:13.01.2023 18:29:49