Delhi High Court - Orders
Brahmaputra Cracker And Polymer Ltd vs Rajshekhar Construction Pvt Ltd on 15 July, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 289/2022, I.As. 10794/2022, 10795/2022 &
10796/2022
BRAHMAPUTRA CRACKER AND POLYMER LTD
..... Petitioner
Through: Mr. Sacchin Puri, Sr. Adv. with
Ms. Madhurima Mridul, Mr. Yasir
Rauf, Ms. Shweta Arora & Ms. Nidhi
Rana, Advs.
versus
RAJSHEKHAR CONSTRUCTION PVT LTD.
..... Respondent
Through: Mr. Mayank Mikmail Mukherjee,
Adv.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 15.07.2022 I.A. 10795/2022 Exemption allowed subject to all just exceptions. Application is disposed of.
I.A. 10796/2022 (by petitioner seeking condonation of 12 days delay in re-filing the petition) For the reasons stated in the application and the fact that delay is only of 12 days in re-filing the petition, the application is allowed and delay stands condoned. Application is disposed of. O.M.P. (COMM) 289/2022 & I.A. 10794/2022
1. Notice, Counsel as above accepts notice for the respondent.
2. Mr. Sacchin Puri, learned Sr. Counsel appearing for the petitioner has drawn my attention to an order dated September 24, 2021 in OMP(COMM) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:16.07.2022 17:03:02 285/2021 wherein, according to Mr. Puri, an identical issue arise for consideration that is of price reduction.
3. According to him, in the case in hand, the learned Arbitrator has granted an amount of ₹98,09,960/- which amount was deducted by the petitioner from the running bills of the respondent herein.
4. According to him, additionally the Ld. Arbitrator has granted ₹30,00,000/- as cost in favour of the respondent herein.
5. Noting the order dated September 24, 2021 in OMP(COMM) 285/2021, it is directed subject to the petitioner furnishing Bank Guarantee in favour of Ld. Registrar General of this Court for an amount of ₹98,09,960/- including interest computed as of today, and also the cost of ₹30,00,000/- as granted in favour of the respondent within six weeks from today, there shall be a stay of the impugned award dated January 03, 2021 passed by the Ld. Arbitrator. It is made clear that the petitioner shall keep the bank guarantee alive during the pendency of these proceedings.
6. The complete record of the Arbitral Tribunal be filed by learned counsel for the petitioner within eight weeks from today.
7. Learned counsel for the parties shall also file their written submissions along with the judgments they want to rely on before the next date of hearing.
8. List this petition on 9th September, 2022 when OMP(COMM) 285/2021 is listed.
V. KAMESWAR RAO, J JULY 15, 2022/ak Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:16.07.2022 17:03:02