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M/S Kmp Expressways Limited vs Idbi Bank Limited & Anr. & Ors on 4 May, 2022

Author: Mukta Gupta

Bench: Mukta Gupta, Neena Bansal Krishna

                          $~ 67
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     FAO(OS) (COMM) 105/2022
                                M/S KMP EXPRESSWAYS LIMITED                ..... Appellant
                                         Represented by: Mr. Amit Sibal, Sr. Advocate
                                                         with Mr. Deepak Khurana, Mr.
                                                         Ankur Upadhyay & Mr.
                                                         Ashwini       Kumar          Tak,
                                                         Advocates.
                                              versus
                                IDBI BANK LIMITED & ANR. & ORS.         ..... Respondents
                                         Represented by: Mr. Raunak Dhillon, Ms.
                                                         Madhavi Khanna, Ms. Ananya
                                                         Dhar Chaudhary, Ms. Isha
                                                         Malik & Ms. Niharika Shukla,
                                                         Advocates for R-1.
                                                         Mr. Sudhir Nandrajog, Sr.
                                                         Advocate, Mr. Anil Grover, Sr.
                                                         Additional Counsel for State of
                                                         Haryana & Mr. Parvinder
                                                         Chaudhan, Advocates for R-2.

                              CORAM:
                              HON'BLE MS. JUSTICE MUKTA GUPTA
                              HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                            ORDER

% 04.05.2022 CAV 117/2022

1. Learned counsel for the respondent No. 1 enters appearance.

2. Caveat is discharged.

CM APPL. 21378/2022 & CM APPL. 21379/2022 (Exemptions)

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

CM APPL. 21380/2022 (Permission to annex lengthy synopsis and list of dates)

1. Lengthy synopsis and list of dates are taken on record.

2. Application is disposed of.

FAO(OS) (COMM) 105/2022

1. Grievance of the appellant in the present case is that though the appellant was treated as proforma party and its statement of defence not considered in the arbitral proceedings on the ground that no relief was sought against the appellant, however, learned Arbitral Tribunal passed observations against the appellant to its detriment, which have been upheld by the learned Single Judge.

2. Notice. Learned counsel for the respondent No. 2 accepts notice.

3. List this appeal on 11th May, 2022.

4. Written submissions along with the common convenience volume be filed by the parties for this appeal as also in FAO(OS) (COMM) 90/2022.

5. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

NEENA BANSAL KRISHNA, J.

MAY 04, 2022 S.Sharma Signature Not Verified Digitally Signed FAO(OS) (COMM) 105/2022 Page 2 of 2 By:NIRMLA TIWARI Signing Date:06.05.2022 11:20:09