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Delhi High Court - Orders

Surya Landmark Developers Private ... vs Religare Finvest Limited on 10 March, 2023

Author: Navin Chawla

Bench: Navin Chawla

            $~12
            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
            +    O.M.P. (COMM) 98/2023
                 SURYA LANDMARK DEVELOPERS PRIVATE LIMITED
                 & ORS.                             ..... Petitioners
                                Through: Mr.A.D.Singh, Adv.

                                        versus

                     RELIGARE FINVEST LIMITED                     ..... Respondent
                                  Through: None.

                  CORAM:
                  HON'BLE MR. JUSTICE NAVIN CHAWLA
                                   ORDER

% 10.03.2023 I.A. 4657/2023 (exemption)

1. Allowed, subject to all just exceptions. O.M.P. (COMM) 98/2023 & I.As. 4655/2023, 4656/2023

2. It is the case of the petitioners that on 02.09.2021, when the arbitration proceedings were listed before the learned Arbitrator, the petitioners could not join the proceedings through virtual mode, due to some network issues. Later, on a telephonic conversation with the learned Arbitrator, the petitioners were informed that the next date of hearing would be confirmed to the petitioners through notice. The petitioners thereafter kept waiting for the receipt of such notice of the next date of hearing, however, in December 2022 learnt that the learned Arbitrator has already passed the impugned Award.

3. I have perused from the petition that barring the above assertion, the petitioners have not filed the affidavit of the person who purportedly contacted the learned Arbitrator and was informed of the above. There is also no mention as to when and how the copy of the impugned Arbitral Award was received by the petitioners.

Signature Not Verified Digitally Signed By:SUNIL

4. The learned counsel for the petitioners prays for and is granted Signing Date:13.03.2023 19:30:44 two weeks' time to file the affidavit in support of the above assertions.

5. List on 19th April, 2023.

NAVIN CHAWLA, J MARCH 10, 2023 RN Signature Not Verified Digitally Signed By:SUNIL Signing Date:13.03.2023 19:30:44