Delhi High Court - Orders
Ok Play India Pvt Ltd vs Bibby Financial Services Inida Pvt Ltd on 22 February, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 68/2019 and CM APPL. 11521/2019
OK PLAY INDIA PVT LTD ..... Petitioner
Through: Mr. Anirudh Wadhwa, Advocate.
versus
BIBBY FINANCIAL SERVICES INIDA PVT LTD
..... Respondent
Through: Mr. Mandeep Singh Vinaik,
Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 22.02.2021
[PHYSICAL COURT HEARING]
1. This petition is directed against the order dated 13.12.2018 passed by the learned Addl. District Judge (in short 'ADJ'). 1.1. Via the impugned judgment, the learned ADJ has rejected the objection raised by the petitioner herein concerning the jurisdiction of the court to entertain a petition filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 (in short '1996 Act').
2. The objection to jurisdiction was pivoted on the provisions of Section 42 of the 1996 Act.
2.1. In short, the contention of the petitioner was that the respondent had filed an application under Sections 14 and 15 of the 1996 Act in this court prior to the impugned awards being passed and therefore, the court concerned in which the respondent could have preferred its petition under Section 34, could have been, only this court.
C.R.P. 68/2019 page 1 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:25.02.2021 13:40:51 2.2. The learned ADJ relying upon the judgment of the Supreme Court rendered in State of West Bengal v. Associated Contractors 2015 (1) SCC 32 concluded, in effect, that the application filed under Sections 14 and 15 of the 1996 Act was at par with the petition filed under Section 11 of the very same Act and therefore was not made to a court as defined under the 1996 Act; a condition necessary for triggering the provisions of section 42. 2.3. Accordingly, the preliminary objection taken by the petitioner with regard to jurisdiction was rejected.
3. It is in this backdrop that the petitioner has approached this court. The record shows that the following facts and proposition is not in dispute:
(i) That the respondent via his petition under Section 34 of the 1996 Act assailed two awards i.e. award dated 14.07.2017 and the award dated 28.09.2017. The first award, I am told, is an award on merits while the second award relates to costs.
(ii) That the petition under Section 34 of the 1996 Act was filed by the respondent on17.10.2017 i.e., within the period of limitation provided under Section 34(3) of the 1996 Act.
(iii) That Section 14 of the Limitation Act, 1963 is applicable to arbitration proceedings. [See: State of Goa v. M/s. Western Builders 2006 (6) SCC 239, Union of India v. M/s. Shring Construction Company Pvt. Ltd. 2006 (8) SCC 18]
4. Given the aforesaid circumstances, as agreed by the counsel for the parties, petition under Section 34 of the 1996 Act pending before the concerned court is transferred to this court.
4.1 The Registry will list the matter before the concerned court.
C.R.P. 68/2019 page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:25.02.2021 13:40:51 4.2 Liberty is granted to the respondent to move an application under
Section 14 of the 1996 Act. The concerned court is requested to deal with the application having regard to what is stated hereinabove.
5. Mr. Anirudh Wadhwa, who appears on behalf of the petitioner, says that if an application is moved by the respondent for excluding the time spent before the learned ADJ, he will not oppose the same.
6. The petition is disposed of in the aforesaid terms.
7. A copy of this order shall be transmitted by the Registry to the concerned ADJ. The record of Arbitration Petition No. 402/2017 shall be transferred to this court.
8. The Registry of this court will thereafter, as indicated above, list the matter before the roster Bench. Intimation in that behalf will be given to the counsel for the parties.
9. Pending application will stand closed.
RAJIV SHAKDHER, J
FEBRUARY 22, 2021
tr
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C.R.P. 68/2019 page 3 of 3
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:25.02.2021
13:40:51