Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6OMP (COMM)12/23
DEEPAK Vs. HDB FINANCIAL SERVICES LTD
12.02.2024
Present: None for the petitioner.
Ld. Counsel Sh. Ashok Kumar for the respondent.
Put up at 11:30 a.m.
CHANDRA SHEKHAR
District Judge (Commercial Court)02
East District/KKD Courts/Delhi/
12.02.2024
(At 11:55 a.m.)
Present: Ld. Counsel Sh. Deep Soni for the petitioner.
Ld. Counsel Sh. Ashok Kumar for the respondent.
Ld. Counsel for the petitioner has submitted that as
per section 42 of Arbitration and Conciliation Act, 1996, this
court has territorial jurisdiction to adjudicate upon the case, he
has relied upon case law titled as National Highways Authority
of India vs. SPCLIVRCL (JV), OMP No. 357/2007, decided by
the Hon’ble High Court of Delhi on 19.05.2008 and some
commentary synopsis on section 42 of the Arbitration and
Conciliation Act, 1996. He has further submitted that the case
law, which was cited by Ld. Counsel for the petitioner on the
previous date, is not applicable in this petition as the same is only
on the point of transfer of the petition.
Contd/
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Ld. Counsel for the respondent has submitted that
the execution petition filed by the petitioner is barred by
limitation.
I have considered the submissions.
Put up for perusal of judicial record and passing
appropriate orders on the point of jurisdiction on 02.03.2024.
CHANDRA SHEKHAR
District Judge (Commercial Court)02
East District/KKD Courts/Delhi/
15.05.2023
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