Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: OMP (COMM.)/84/2023
DLND010051752023
RAM NIWAS YADAV
Vs.
RAMAN GOYAL & ANR.
28.08.2024
Present: Sh. Abhishek Mishra, Advocate for Petitioner/
Objector.
Sh. Vivek Malhotra, Advocate for Respondent no. 1
(through video conferencing).
Sh. Arun Yadav, Proxy Counsel for Respondent no.1
is also present in the Court.
Sh. Manak Buddhiraja, Advocate for Respondent no.
2 (through video conferencing).
Heard. File perused.
As per report of Ahlmad, steps not taken by
petitioner/objector for requisition of arbitral award.
At the outset, Proxy Counsel of respondent no. 1 has
filed proof of service of reply upon Counsel of petitioner/objector
on record.
Spare copy of reply of respondent no. 2, as available
on record be also supplied to Ld. Counsel of petitioner/objector
against proper receipt.
Record shows that two separate applications moved
by both the respondents seeking condonation of delay in filing
their respective replies of objection petition, are pending disposal
in this matter.
Ld. Counsel of petitioner/objector states at Bar that
he does not wish to file any written reply to either of said two
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applications and also that he has no objection in case the said
appications are allowed subject to costs.
With the joint consent of both the sides, arguments
on both the said applications moved under Section 151 CPC
seeking condonation of delay in filing their respective replies of
objection petition moved by respondents, heard. Record perused.
Indisputably, both the respondents have filed their
respective replies beyond the statutory period from the date of
their respective service, however, within the maximum period of
120 days thereof.
Having considered the submissions made on behalf
of applicants/respondents and keeping in view the reasons
assigned in the applications and the overall facts and
circumstances of the case, delay in filing the reply stands
condoned, however, subject to payment of costs of Rs. 2,000/-
each. Both the applications stand disposed off accordingly.
Ld. Counsel of petitioner seeks and is granted four
weeks time for filing rejoinder with direction to supply advance
copy thereof to the opposite side.
Subject to taking requisite steps, arbitral record be
requisitioned for next date of hearing. Steps be taken within one
week from the date of this order.
Put up on 13.11.2024 for awaiting of arbitral record,
payment of costs and arguments.
Both the sides are at liberty to file their respective
brief written synopsis not exceeding three pages alongwith relied
upon judicial precedents, if any, after supplying advance copy
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thereof to the opposite side, at least one week before the next
date of hearing.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
28.08.2024(V)
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