National Highways Authority Of India vs. Daelim Industrial Co.Ltd

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• O.M.P. (COMM) 315/2021 & I.A. 13416-13417/2021

NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. Santosh Kumar, SC with Ms. Meghna Aggarwal.

versus

M/S. DAELIM INDUSTRIAL CO.LTD .....Respondent Through: Dr. Amit George, Ms. Rupam Jha, Ms. Suparna Jain, Mr. Adhishwar Suri and Mr. Dushyant Kaul, Advocates.

CORAM: HON'BLE MR. JUSTICE PRATEEK JALAN

% 28.08.2024

1. By the order dated 03.05.2024, an application for condonation of delay in re-filing the petition was allowed. However, notice has not yet been issued in this petition.

O R D E R

2. Mr. Santosh Kumar, learned counsel for the petitioner, states that he will file a tabular statement identifying the grounds of challenge referable to Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], and also enumerating the impugned findings in the award and the documents upon which the challenge is predicated. He may file the statement within four weeks from today.

3. Dr. Amit George, learned counsel appearing on behalf of the respondent on advance notice, submits that several of the grounds raised

O.M.P. (COMM) 315/2021 Page 1 of 2

This is a digitally signed order.

in the petition are in fact covered by judgments of the Supreme Court and of this Court. He may file a written note in response to the note filed by Mr. Kumar within two weeks thereafter.

4. I am also informed that enforcement proceedings in respect of the impugned award are pending before a Coordinate Bench, being O.M.P. (ENF.) (COMM) 201/2022. Having regard to General Note No. 18 in the Roster dated 13.06.2024, issued by Hon'ble the Acting Chief Justice, learned counsel for the parties state that they will request the concerned Court to list the enforcement proceedings alongwith this petition.

5. List in the category of "Fresh Matters and Applications" on 22.10.2024.

6. Learned counsel for the parties are at liberty to place on record any documents, which were part of the arbitral record. If counsel approach the learned Arbitrators for copies of the record, they are requested to comply with the request.

PRATEEK JALAN, J

AUGUST 28, 2024 SS/