Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8OMP (COMM.)94/24
M/S SHIV BROTHER Vs. RAJYA SABHA SECRETARIAT
26.07.2025
Present: Sh. Anil Kumar Chabbra, Ld. Counsel for petitioner
through VC.
Sh. Sandeep Mahapatra, Ld. Standing Counsel
(through VC) and Sh. Tribhuvan, Ld. Counsel for
respondent no. 1.
Respondent no. 2 being the Ld. Arbitrator is a
proforma party.
A notice of the Ld. Arbitrator stands duly served for
today, but still he has not cared to sent the complete arbitral
record to this court. Hence, let a written notice calling his
explanation for non-compliance of the court order be issued for
next date of hearing on taking steps by petitioner.
The award under challenge is stated to have been
passed by a Sole Arbitrator appointed by the competent authority
of respondent no. 1 herein and it has been stated that a
petition/application seeking execution of the said award stands
already filed by respondent and the same is pending before the
court of Ms. Shagun Sharma, Ld. DJ, Central, THC, Delhi.
Though Ld. Counsel for respondent no. 1 has
submitted that the impugned award is still legal and the present
petition filed under Section 34 of the Arbitration and Conciliation
Act, 1996 by petitioner may be time barred and the operation of
impugned award or execution proceedings are not liable to be
stayed, but keeping in view the fact that the award has been
passed by a Sole Arbitrator appointed unilaterally by or at the
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instance of respondent no. 1, it is being directed that operation of
the impugned award shall remain stayed till disposal of the
present petition.
Let Ld. Counsel for respondent no. 1 also to check
as to how the execution application/petition has been filed before
the above Court of Ld. District Judge, though it should have been
filed before a Commercial Court of competent jurisdiction.
List the matter now on 21.08.2025 awaiting arbitral
record/arguments on petition.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/26.07.2025 (p)
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