Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4 OMP (COMM) 12/23
DEEPAK Vs. HDB FINANCIAL SERVICES LTD
11.01.2024
Present: Sh. Deep Soni, Ld. Counsel for petitioner.
Sh. Pawan Kumar Yadav, Ld. Counsel for
respondent along with Sh. Abhishek Sharma, AR for
respondent.
I have heard the submissions of both the parties on
the pending application of the petitioner seeking condonation of
delay in filing objections under section Arbitration and
Conciliation Act, 1996.
Ld. Counsel for petitioner has submitted that earlier
the same petition was filed in the Court of Ld. District Judge
(Commercial Courts), Shahdara, KKD, Delhi but thereafter after
taking liberty from the said court he has filed the present petition
in this Court therefore, the time period for which the aforesaid
petition remained pending in the aforesaid Court may be
excluded for the period of limitation.
Ld. Counsel for respondent has submitted that seat
of the Arbitrator was in Rohini therefore, this Court has no
territorial jurisdiction to adjudicate upon the case. He has relied
upon a case law titled as ‘Hindustan Construction Company Vs.
NHPC decided by Hon’ble Supreme Court of India on
04.03.2020’.
Ld. Counsel for petitioner has submitted that
respondent had moved a petition under section 9 of Arbitration
and Conciliation Act, 1996 before Ld. ADJ, East, KKD, Delhi
and the same was decided and disposed off by the said Court
Cont…/-
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therefore, the respondent cannot take the plea that this Court has
no territorial jurisdiction to adjudicate upon the case. He has
further submitted that as per section 42 of Arbitration and
Conciliation Act, 1996 also this Court has jurisdiction to
adjudicate upon the case. He seeks time to file some judgments
to support his submissions.
Heard. Request allowed.
Put up for further arguments on 05.02.2024.
(CHANDRA SHEKHAR)
District Judge (Commercial Court)-02
East District, KKD Courts, Delhi
11.01.2024
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