Delhi High Court - Orders
Uppal Builders Private Limited vs Dr. Lal Path Labs (P) Ltd on 1 May, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 168/2023
UPPAL BUILDERS PRIVATE LIMITED ..... Petitioner
Through: Mr. L.B. Rai, Mr. Arun
Upadhayay, Mr. Kartik Rai, Ms.
Amita Rai, Advocates.
versus
DR. LAL PATH LABS (P) LTD. ..... Respondent
Through: Mr. Akhil Anand, Mr. Himanshu
Vij and Mr. Naman Singh Bagga,
Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.05.2023 I.A. 8399/2023 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.
O.M.P. (COMM) 168/2023 & I.A. 8400/2023 (for condonation of delay)
1. At the outset, Mr. Akhil Anand, learned counsel for the respondent, submits that the prayer made in the present petition is for modification of the impugned award dated 03.10.2022 read with an order of the learned arbitrator dated 01.12.2022. Mr. Anand submits that such a prayer is not maintainable in light of the judgments of the Supreme Court, including Project Director, NHAI vs. M. Hakeem, (2021) 9 SCC 1.
2. Mr. L.B. Rai, learned counsel for the petitioner, seeks permission Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:02.05.2023 12:00:15 O.M.P. (COMM) 168/2023 Page 1 of 2 to take necessary steps to amend the prayer clause as the challenge is clearly set out in the body of the petition.
3. I am also informed that the same impugned award is under challenge at the instance of the respondent herein in O.M.P. (COMM) 136/2023. An interim order has been passed in the said petition, which is next listed on 21.08.2023.
4. Subject to orders of Hon'ble the Judge In-Charge (Original Side), list the present petition also alongwith O.M.P. (COMM) 136/2023 on 21.08.2023.
PRATEEK JALAN, J MAY 1, 2023 'vp'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:02.05.2023 12:00:15 O.M.P. (COMM) 168/2023 Page 2 of 2