Delhi High Court - Orders
M/S Chintels India Ltd vs M/S Bhayana Builders Pvt Ltd on 22 February, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~34.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 68/2020 & C.M .Nos.12631/2020 & 15906/2020
M/S CHINTELS INDIA LTD
..... Appellant
Through: Counsel for the appellant (appearance
not given)
versus
M/S BHAYANA BUILDERS PVT LTD
..... Respondent
Through: Mr. Saurabh Kirpal and Ms. Manmeet
Kaur, Advocates
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 22.02.2021 The matter has been listed before this Court in the light of the directions passed by the Supreme Court in Civil Appeal No. 4028/2020 dated 11.02.2021. The Supreme Court has held that an appeal under Section 37 (1)(c) of the Arbitration and Conciliation Act, would be maintainable against an order refusing condonation of delay in filing the petition under Section 34 of the said Act.
Mr. Kirpal, who appears for the respondent states that the respondent does not wish to contest the correctness of the impugned order passed by the learned Single Judge dated 04.06.2020 whereby the applications seeking condonation of delay in filing and re-filing the petition under Section 34 of the Act was rejected. He submits on instructions that the delay in filing and re-filing of the objections be condoned and the matter may be remanded Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:23.02.2021 18:10:59 back to the learned Single Judge for hearing the objections to the award on merits. He however prays that considerable time has been lost in dealing with the appellant's delay applications, the objections may be heard on priority by the learned Single Judge.
In view of the aforesaid submissions of the Mr. Kirpal, we set aside the impugned order dated 04.06.2020 passed by the learned Single Judge in I.A. Nos.14679/2019 and 14682/2019 whereby the prayer for condonation of delay in filing and re-filing the petition under Section 34 of the Act was rejected. The matter is, accordingly, remanded back to the learned Single Judge to hear the objection petition under Section 34 of the Act being O.M.P. (Comm.) No.444/2019 on merits. We request the learned Single Judge to prioritise the hearing of the objections considering the fact that the matter has been pending for long only on the aspect of the condonation of delay.
The appeal stands disposed of in the aforesaid terms. The Registry is directed to list the petition along with connected matters on 25.02.2021 before the learned Single Judge.
VIPIN SANGHI, J REKHA PALLI, J FEBRUARY 22, 2021 A Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:23.02.2021 18:10:59