Delhi High Court - Orders
(Intervene) Bharat Broadband Network ... vs Sterlite Technologies Limited on 29 May, 2024
Author: Rekha Palli
Bench: Rekha Palli, Prateek Jalan
$~F-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 20/2024 & I.As. 568/2024 (stay), 570/2024 (delay
of 33 days (RF)), 3462/2024 (delay of 29 days) & 9732/2024
(intervene)
BHARAT BROADBAND NETWORK LIMITED .....Petitioner
Through: Mr.Deepayan Mandal,
Mr.Naman Varma & Mr.Mridul Bansal,
Advs.
Mr.Shashank Garg, SC, UoI
versus
STERLITE TECHNOLOGIES LIMITED .....Respondent
Through: Mr.A.K.Thakur, Mr.Rishi Raj,
Mr.Sujeet Kumar & Mr.Ishaan Ojha, Advs.
Ms.Payal Chawla, Ms.Heena Shaheen &
Ms.Latika Arora, Advs. for Intervenors
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE PRATEEK JALAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 29.05.2024
1. This Full Bench was constituted pursuant to a reference made by one of us, namely HMJ Prateek Jalan to determine the question as to whether non-filing of a 'Statement of Truth' along with a petition under Section 34 of the Arbitration and Conciliation Act, would render the said filing as 'non-est'. We are, however, informed that another Full Bench has been constituted pursuant to a reference made in FAO(OS)(COMM) 70/2024, to determine a connected issue i.e. as to whether non-filing of a copy of the 'arbitral award' along with a This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 22:17:57 petition under Section 34 of the Arbitration and Conciliation Act, would render the said filing as 'non-est'. Taking into account the overlapping nature of the references, we are of the considered view that both the references should be taken up together by the same Bench.
2. However, since the composition of the present Bench is different from the composition of the Full Bench in FAO(OS) (COMM) 70/2024, we request that the matter be placed before Hon'ble the Acting Chief Justice to reconstitute this Bench so that both the references can be taken up together by the same Bench.
3. List along with FAO(OS) (COMM) 70/2024 at 02:30 p.m, on 12.07.2024.
REKHA PALLI, J PRATEEK JALAN, J SAURABH BANERJEE, J MAY 29, 2024 sr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 22:17:57