Delhi High Court - Orders
M/S. Jmd Ltd vs M/S. Raj Buildwell Pvt Ltd & Ors on 5 April, 2021
Author: Manmohan
Bench: Manmohan, Asha Menon
#23
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 57/2021
M/S. JMD LTD ..... Appellant
Through Mr. Jayant K. Mehta, Senior
Advocate with Mr. Rajiv Ranjan and
Mr. Surya Kapoor, Advocates
versus
M/S. RAJ BUILDWELL PVT LTD & ORS. ..... Respondents
Through Mr. Sanjeev Puri, Senior Advocate
with Mr. Kamal Shankar, Mr.Hardeep
Sachdeva and Mr. Pradyumna
Sharma, Advocates
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 05.04.2021 CM APPL. 12707/2021 Allowed, subject to just exceptions.
Accordingly, the application stands disposed of. FAO(OS) (COMM) 57/2021 & CM APPL. 12706/2021 Present appeal has been filed challenging the order dated 19 th January, 2021 in OMP(I)(COMM) 349/2020.
Learned Counsel for the appellant submits that it settled law that though any observation made by a court in Section 9 of the Arbitration and Conciliation Act, 1996 is not conclusive, yet the impugned judgment does Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.04.2021 16:22:05 not clarify this position and leaves the appellant at the risk of the order being misread by the Respondent and/or by the learned sole arbitrator to foreclose its remedy.
Keeping in view the limited submission advanced before this Court, this Court clarifies that the order passed by learned Single Judge is tentative and conclusions arrived therein are prima facie in nature and relevant only for the purposes of decision on that application. Learned Arbitrator shall decide the matter on its own merits, without being influenced by any observation made by the learned Single Judge.
With the aforesaid clarification, present appeal and application stand disposed of.
MANMOHAN, J ASHA MENON, APRIL 5, 2021 rn Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.04.2021 16:22:05