Delhi High Court - Orders
Bharat Broadband Network Limited vs Sterlite Technologies Limited on 10 January, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 20/2024
BHARAT BROADBAND NETWORK LIMITED ..... Petitioner
Through: Mr. N. Venkataraman, ASG with
Mr. Deepayant Mandal, Mr.
Naman Varma & Mr. V.
Chandrashekara Bharati,
Advocates.
versus
STERLITE TECHNOLOGIES LIMITED ..... Respondent
Through: Mr. A.K. Thakur, Mr. Rishi Raj,
Mr. Sujeet Kumar & Mr. Ishaan
Ojha, Advocates. [M:-
9810141402]
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 10.01.2024 CAV 6/2024 Mr. A.K. Thakur, learned counsel, enters appearance on behalf of the respondent.
The caveat stands discharged.
I.A. 569/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
O.M.P. (COMM) 20/2024 & I.A. 568/2024 (for ad-interim ex-party stay), I.A. 570/2024 (condonation of delay)
1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner assails an award of a O.M.P. (COMM) 20/2024 Page 1 of 2 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 25/01/2024 at 04:12:16 learned sole Arbitrator dated 24.07.2023.
2. Mr. A.K. Thakur, learned counsel for the respondent, who appears on advance notice, takes a preliminary objection that the petition is belated, beyond the maximum condonable period of 30 days under the proviso to Section 34(3) of the Act. Although the petitioner has filed an application only for condonation of 33 days' delay in refilling of the petition, Mr. Thakur contends that the original filing on 28.10.2023 was, in fact, non est, and a valid filing can only be reckoned on 18.12.2023, which is beyond the maximum period of three months plus 30 days permitted under the Act.
3. In order to adjudicate this objection, the petitioner is directed to file an affidavit within one week, placing on record the petition and documents exactly in the form in which they were first filed and the chronology of events after filing and until the defects were all cured.
4. The Registry is also directed to submit a report with regard to the nature of documents first filed, objections raised from time to time and the dates on which the objections were cured. The report of the Registry will also be made available to learned counsel for the parties on request.
5. List on 19.01.2024.
6. The parties will also place on record the compilation of judgments dealing with this issue within a period of one week from today.
PRATEEK JALAN, J JANUARY 10, 2024 'pv'/ O.M.P. (COMM) 20/2024 Page 2 of 2 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 25/01/2024 at 04:12:16