Delhi High Court - Orders
National Building Construction ... vs M/S Sharma Enterprises on 30 May, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 215/2022 & I.A. 6868/2022, 6869/2022, 6870/2022,
6871/2022
NATIONAL BUILDING CONSTRUCTION CORPORATION
..... Petitioner
Through: Mr. Jay Savla, Senior Advocate with
Ms. Shilpi Chowdhary, Advocate.
versus
M/S SHARMA ENTERPRISES ..... Respondent
Through: Ms. Anusuya Salwan, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 30.05.2022 I.A. 6869/2022 In compliance of the last order dated 09.05.2022, the Registry has furnished a report alongwith the filing history log of the present petition, which shows that the petition was first filed on 04.11.2016.
2. Mr. Jay Savla, learned senior counsel appearing for the petitioner submits that accordingly, the petition can be seen to have been filed well within the maximum permissible period of 120 days, including the additional days allowable by court under section 34(3) of the Arbitration & Conciliation Act 1996 ('A&C Act') read with its Proviso. It is pointed-out that a petition under section 34 of the A&C Signature Not Verified Digitally Signed By:DIVYA SHARMA Signing Date:31.05.2022 OMP(COMM) 215/2022 Page 1 of 2 15:05:22 Act may be filed within 03 months of the date on which the party receives the arbitral award; and the court may, if satisfied as to the sufficiency of the cause for delay in filing beyond the 03 month period, entertain the petition within a further period of 30 days but not thereafter. The calculation in this behalf is stated to be the following:
Date of Award : 28.07.2016
Date of first filing of petition : 04.11.2016
Total days elapsed between date : 03 months +07 days
of Award and date of filing
3. The above submission is noted.
4. Mr. Savla has completed his submissions on the application.
5. Ms. Anusuya Salwan, learned counsel for the respondent has made her submissions on the application, which however remain inconclusive. Ms. Salwan seeks some more time to cite and file relevant judicial precedents.
6. List for the above purpose, on 2nd June 2022.
7. In the meantime, OMP (ENF) (COMM) No. 50/2022 has also been received on transfer from the Co-ordinate Bench and is listed before this court today for the first time.
ANUP JAIRAM BHAMBHANI, J.
MAY 30, 2022 Ne Signature Not Verified Digitally Signed By:DIVYA SHARMA Signing Date:31.05.2022 OMP(COMM) 215/2022 Page 2 of 2 15:05:22