Delhi High Court - Orders
Madhucon Projects Ltd vs National Highways Authority Of India on 18 October, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 439/2023
MADHUCON PROJECTS LTD ..... Petitioner
Through: Mr. Manish Vashishth, Sr. Adv. with
Mr. Suryadeep Singh, Ms. Radha R.
Tarkar, Mr. Vanshay Kaul,Advs.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent
Through: Mr. Lalit Chauhan, Ms. Laxmi
Chauhan, Mr. Gaurav Rai, Mr.
Shambhvi Man Singh, Ms. Nikita
Chauhan, Mr. Manish Yadav and Mr.
Jasmin Chauhan, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 18.10.2023 CAV 548/2023 Since learned counsel for the respondent has appeared, the CAVEAT stands discharged.
I.A. 20731/2023(exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
O.M.P. (COMM) 439/2023
1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award dated 15.06.2023 passed by three members of the Arbitration Tribunal.
2. Learned senior counsel for the petitioner submits that the petitioner 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 20/10/2023 at 22:56:50 has entered into an agreement with the National Highways Authority Of India (NHAI) for the construction of the said project but the same could not be completed on time on account of various delays and breaches on part of the respondent under clause 23.2 on an account of Force Majeure Events, the aforesaid date of completion i.e., 25.12.2017 could not be achieved.
3. Learned senior counsel submits that therefore the petitioner invoked clause 26.3.1 of the agreement and referred the matter for arbitration. Learned senior counsel submits that the respondent has been awarded a cost of Rs.93,46,187/- in his favor by the majority of two arbitrators. The agreement and award have duly been stamped.
4. Issue notice, Mr. Lalit Chauhan, learned counsel has accepted the notice on behalf of the respondent.
5. Let the reply be filed within four weeks with an advance copy to the learned counsel for the petitioner.
6. In the meantime, the petitioner is directed to file a chart showing the points on which the findings of the award have been challenged and the grounds thereof with an advance copy to the opposite party.
7. List on 12.01.2024.
I.A. 20730/20238. This is an application seeking ex parte ad interim stay on the operation of the arbitral award dated 15.06.2023.
9. Issue notice, Mr. Lalit Chauhan, learned counsel has accepted the notice on behalf of the respondent.
10. Learned counsel for the respondent submits that they have not filed any execution as of now.
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 20/10/2023 at 22:56:50
11. Let the reply be filed within four weeks with an advance copy to the learned counsel for the petitioner.
12. List on 12.01.2024.
I.A. 20732/202313. The present application has been moved under Section 151 CPC with Section 5 of the Limitation Act, 1963 seeking condonation of delay, if any, in filing the present petition. However, learned senior counsel submits that there is no delay in filing the petition but an abundant precaution, the present application has been filed.
14. Issue notice. Mr. Lalit Chauhan, learned counsel has accepted the notice on behalf of the respondent.
15. Let reply be filed within four weeks with an advance copy to the learned counsel for the petitioner.
16. List on 12.01.2024.
DINESH KUMAR SHARMA, J OCTOBER 18, 2023 Pallavi 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 20/10/2023 at 22:56:50