Delhi High Court - Orders
Oil & Natural Gas Corporation Ltd vs Planetcast Technologies Ltd on 2 November, 2020
Author: Manmohan
Bench: Manmohan, Sanjeev Narula
5
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 137/2020 & CM APPLs.27646-27649/2020
OIL & NATURAL GAS CORPORATION LTD. ...... Appellant
Through: Mr. Tushar Mehta, Solicitor General of India
with Mr. Kanu Agrawal, Advocate.
versus
PLANETCAST TECHNOLOGIES LTD. ...... Respondent
Through: Mr. Anshu Mahajan and Mr. Karan Arora,
Advocates with Mr. Gitanshu Rustagi, AR of
respondent.
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 02.11.2020 The appeal has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing.
Present appeal has been filed challenging the order dated 17th June, 2020 whereby the learned Single Judge dismissed appellant's application seeking condonation of delay of seventeen days in re-filing the petition under Section 34 of the Arbitration and Conciliation Act and consequently, dismissed the said petition also.
Learned Solicitor General for the appellant states that the learned Single Judge erred in holding that the petition was not filed within the period of limitation despite the first filing of the petition admittedly being on 19 th July, 2019, which was well within the statutory period of three months.
He further contends that such filing was wrongly held to be non-est even though the entire substantive pleading challenging the award, which formed the core part of the objection petition under Section 34 of the Arbitration and Conciliation Act was filed.
Learned Solicitor General submits that the judgments relied upon by the learned Single Judge to dismiss the petition namely, SKS Power Generation (Chhattisgarh) Ltd Vs. ISC Projects Private Limited [2019 SCC Online Del 8006], Jay Polychem (India) Ltd & Ors. Vs. S.E. Investment Ltd. OMP (COMM) 273/2016, ONGC Vs. Joint Venture of M/s Sai Rama Engineering and Megha Engineering and Infrastructure Limited, OMP (COMM.) 97/2019 and Union of India Vs. Bharat Biotech International Ltd. & Ors. OMP (COMM) 399/2019 are all pending in appeal before a Division Bench.
Issue notice.
Mr. Anshu Mahajan, learned counsel accepts notice on behalf of respondent. He, on behalf of respondent, states that till the present appeal is disposed of, he has instructions not to file an execution petition. The statement made by learned counsel for respondent is accepted by this Court and respondent is held bound by the same.
Mr. Anshu Mahajan, points out that one of the aforesaid appeals being Union of India vs. Bharati Biotech International Ltd. & Ors., FAO(OS) (COMM) 82/2020 is listed for hearing before another Division Bench of this Court on 04th November, 2020.
Accordingly, list the present appeal along with Union of India vs. Bharati Biotech International Ltd. & Ors., FAO(OS) (COMM) 82/2020 on 04th November, 2020 before the said Division Bench, subject to orders of Hon'ble the Chief Justice.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J SANJEEV NARULA, J NOVEMBER 02, 2020 js