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Delhi High Court - Orders

Skyline Engineering Contracts I Pvt. ... vs Sohna City, Llp on 9 January, 2023

Author: Yashwant Varma

Bench: Yashwant Varma

                    $~21
                    *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +      O.M.P. (T) (COMM.) 2/2023
                           SKYLINE ENGINEERING CONTRACTS I PVT. LTD
                                                          ..... Petitioner
                                              Through:      Mr. Udit Seth and Ms. Priya
                                                            Kanwat, Advs.

                                              versus

                           SOHNA CITY, LLP                              ..... Respondent
                                         Through:           None.

                           CORAM:
                           HON'BLE MR. JUSTICE YASHWANT VARMA
                                              ORDER

% 09.01.2023 I.A. 219/2023 & I.A. 220/2023(for exemption) Allowed, subject to all just exceptions. The application shall stand disposed of. O.M.P. (T) (COMM.) 2/2023 & I.A. 221/2023 (Delay in Re-filing Pet.)

1. Although the respondent is stated to have been placed on advance notice, none has appeared on its behalf when the matter was called. Consequently, let learned counsel for the petitioner take steps for service on the said respondent through all permissible modes including via approved courier service. The respondent shall file a reply on the petition within a period of two weeks from today.

2. The Court takes note of the submission of learned counsel for the petitioner who submits that the appointed arbitrator has passed away during the pendency of proceedings and thus the requirement of filing the instant petition referable to Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 [the Act].

3. Signature Not Verified Learned counsel for the petitioner prays for and is granted time Digitally Signed By:NEHA Signing Date:10.01.2023 15:01:43

to file an additional affidavit placing on the record the substituted arbitration clause which stands contained in the Particular Conditions of Contract [PCC].

4. List again on 17.02.2023.

YASHWANT VARMA, J.

JANUARY 09, 2023 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:10.01.2023 15:01:43