Delhi High Court - Orders
Ircon International Limited vs Pioneer Fabricators Pvt. Ltd on 12 December, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Anoop Kumar Mendiratta
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 200/2022 & CM APPL. 53724/2022,
CM APPL. 53725/2022 and CM APPL. 53752/2022
IRCON INTERNATIONAL LIMITED. ..... Appellant
Through: Mr. Chandan Kumar and
Ms. Kirte Atri, Advs.
versus
PIONEER FABRICATORS PVT. LTD. ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 12.12.2022 CM APPL. 53725/2022 and CM APPL. 53752/2022 Exemptions allowed subject to all just exceptions. Applications stand disposed of.
FAO (COMM) 200/2022 & CM APPL. 53724/2022
1. The challenge in this appeal is to an order dated November 29, 2022 passed by the learned District Judge (Commercial Court) in OMP (COMM) 1/2022 whereby the challenge of the appellant to the award passed by the Facilitation Council, Kanpur under Section 19 of the MSME Act read with Section 34 of the Arbitration and Conciliation Act, 1996 was dismissed on the ground of jurisdiction and further directing that 75% of the awarded amount as pre-deposit be released to the respondent herein.
2. Since the copy of the award which was challenged before the District Signature Not Verified Digitally Signed By:DHARMENDER SINGH Signing Date:16.12.2022 13:09:38 Judge (Commercial Court) has not been filed on record, Mr. Chandan Kumar, learned counsel appearing for the appellant to file the same on record within two days. Additionally, Mr. Kumar shall inform the counsel who appeared for the respondent before the Trial Court about the listing of the appeal before this Court and the Court asking him to inform the counsel / the respondent about the listing of the matter before the Court on December 15, 2022.
3. Till the next date of hearing, the amount of pre-deposit shall not be released to the respondent.
4. Liberty is given to the counsel for the appellant to inform the order passed by this Court by way of a written communication to the counsel for the respondent.
V. KAMESWAR RAO, J ANOOP KUMAR MENDIRATTA, J DECEMBER 12, 2022/jg Signature Not Verified Digitally Signed By:DHARMENDER SINGH Signing Date:16.12.2022 13:09:38