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Delhi High Court - Orders

Kgf Cottons Pvt Ltd vs Haldiram Snacks Pvt Ltd on 8 January, 2024

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                    $~32
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           O.M.P. (COMM) 426/2023, I.As. 19992/2023, 19993/2023 &
                                                19994/2023

                                                KGF COTTONS PVT LTD                                                          ..... Petitioner
                                                             Through:                                         Mr. Vaibhav   Suri, Adv. (M.
                                                                                                              9891984221)
                                                                                      versus

                                                HALDIRAM SNACKS PVT LTD                                                     ..... Respondent
                                                               Through: None.
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                         ORDER

% 08.01.2024

1. This hearing has been done through hybrid mode.

2. The Petitioner- KGF Cottons Pvt. Ltd. has filed the present petition under Section 34 of the Arbitration & Conciliation Act, 1996, challenging the Arbitral Award dated 31st March, 2023 passed by the ld. Sole Arbitrator. The ld. Arbitrator decided all four claims in favour of the Respondent and against the Petitioner. The Petitioner urges that the impugned Arbitral Award is contrary to the basic notion of justice as outlined by the Supreme Court in Ssangyong Engineering & Highways v. NHAI [(2019) 15 SCC 131] and Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail Corporation [(2022) 1 SCC 131]. Therefore, it is argued that the award should be set aside.

3. In the present petition, the timeline of events is as follows:

 Date of the impugned award: 31st March, 2023  Date of filing the present petition: 6th October, 2023 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 24/01/2024 at 22:45:32

4. I.A. 19993/2023 and 19994/2023 are applications for condonation of delay in filing the present petition under Section 34 of the Arbitration and Conciliation Act, 1996.

5. Issue notice. Let reply be filed within six weeks. Rejoinder, if any, be filed within four weeks after service.

6. List before the Joint Registrar on 29th February, 2024.

7. List before the Court on 28th May, 2024.

PRATHIBA M. SINGH, J.

JANURARY 08, 2024 mr/dn 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 24/01/2024 at 22:45:32