Delhi High Court - Orders
M/S. Mahavir Prasad Gupta And Sons vs Govt Of Nct Of Delhi on 12 September, 2023
Author: Yashwant Varma
Bench: Yashwant Varma, Dharmesh Sharma
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 170/2023
M/S. MAHAVIR PRASAD GUPTA AND SONS
..... Appellant
Through: Mr. M.K. Ghosh, Ms. Tina
Garg, Advs.
versus
GOVT OF NCT OF DELHI ..... Respondent
Through: Mr. Tushar Sannu, Adv. with
Ms. Ankita Bhadouriya, Mr.
Devrat Tiwari, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 12.09.2023
1. Notice. Since the respondent is duly represented, let a reply be filed within a period of three weeks from today. We note that the impugned order of 23 May 2023 has ultimately set aside the Award which had been rendered in favour of the appellant on the ground that the Arbitrator had been unilaterally appointed.
2. Learned counsel for the appellant has drawn our attention to the order passed in the matter of Union of India vs. M/s Tantia Constructions Ltd. bearing S.L.P.(C) No. 12670/2020 dated 11 January 2021 wherein doubting the correctness of the view expressed in Central Organisation for Railway Electrification vs. ECI-SPIC- SMO-MCML (JV) [(2020) 14 SCC 712], three learned Judges of the Supreme Court had referred the matter for the consideration of a Constitution Bench.
3. We have also seen the order passed by the Constitution Bench on 12 July 2023 which has taken note of the submission made by the 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 16/09/2023 at 18:29:47 learned Attorney General for India who had drawn the attention of the Court to the constitution of an Expert Committee to consider appropriate amendments being introduced in the 1996 Act.
4. Awaiting the outcome of the aforesaid Reference, let this appeal be called again on 08.12. 2023.
YASHWANT VARMA, J.
DHARMESH SHARMA, J.
SEPTEMBER 12, 2023 neha 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 16/09/2023 at 18:29:47