Delhi High Court - Orders
Malani Construction Company vs Delhi International Arbitration ... on 13 July, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~43 & 44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9608/2022, CM APPL. 28679/2022 (Interim Direction)
MALANI CONSTRUCTION COMPANY ..... Petitioner
Through: Mr. Jiteender Gupta, Adv.
versus
DELHI INTERNATIONAL ARBITRATION CENTRE AND ORS
..... Respondents
Through: Mr. Anupam Srivastav, ASC,
GNCTD and Mr. Vasuh Misra, Adv.
for R-2.
+ W.P.(C) 9609/2022, CM APPL. 28681/2022 (Interim Direction)
MALANI CONSTRUCTION COMPANY ..... Petitioner
Through: Mr. Jiteender Gupta, Adv.
versus
DELHI INTERNATIONAL ARBITRATION CENTRE AND ORS
..... Respondents
Through: Mr. Anupam Srivastav, ASC,
GNCTD and Mr. Vasuh Misra, Adv.
for R-2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 13.07.2022 Learned counsel appearing for the GNCTD states that they do not propose to file a reply on the writ petition. The Court notes that although on the earlier occasion the writ petition had been entertained and parties had been directed to file their counter affidavits, the third respondent which is a contesting party does not appear to have been placed on notice.
Consequently let notice issue to that respondent. Learned counsel for the petitioner shall take steps for service upon the said respondent through Signature Not Verified Digitally Signed By:NEHA Signing Date:13.07.2022 17:49:32 all permissible modes including via approved courier service. Let the aforesaid respondent file its reply by the next date fixed.
Prima facie the Court finds merit in the challenge raised to the reference under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 bearing in mind the fact that the bills which form the basis of the dispute pertain to the period 2012 to 2015 whereas the third respondent was registered under the aforesaid Act only in 2017. It is in this backdrop that learned counsel seeks to draw sustenance from the decision rendered by Supreme Court in Silpi Industries Etc. vs. Kerala State Road Transport Corporation and Anr. [2021 SCC OnLine SC 439] to contend that the reference is without jurisdiction. Matter requires consideration.
Till the next date of listing there shall be stay of all further proceedings initiated or commenced pursuant to the impugned orders of 27.01.2022 issued by Respondent No.2 in MSEFC Case No. 75/2018 and MSEFC Case No. 76/2018.
List on 25.11.2022.
YASHWANT VARMA, J.
JULY 13, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:13.07.2022 17:49:32