The Delhi High Court, in proceedings involving arbitration and stay petitions, returned both petitions to the petitioner for filing in the Calcutta High Court. The court declined to adjourn the interim order and granted an extension of the interim relief for six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~4 & 46
ACTION BRIDEGAP CONSTRUCTIONS PVT LTD ..... Petitioner Through Mr.Manoj Chauhan, Adv. along with Ms.Tanu Aggarwal, Adv.
versus
CONCAST INFRATECH LTD & ANR ..... Respondents Through Mr.Raman Kapur, Sr. Adv. with Mr.Dhiraj Sachdeva, Adv.
ACTION BRIDEGAP CONSTRUCTIONS PVT LTD ..... Petitioner Through Mr.Manoj Chauhan, Adv. along with Ms.Tanu Aggarwal, Adv.
versus
CONCAST INFRATECH LTD & ANR ..... Respondents Through Mr.Raman Kapur, Sr. Adv. with Mr.Dhiraj Sachdeva, Adv.
CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH
O R D E R % 18.07.2016
After hearing submissions of learned counsel for the respondents, learned counsel for the petitioner is agreeable to file both the abovementioned petitions before Calcutta High Court within six weeks from today and till that time the interim order dated 27th March, 2015 be
continued.
On the other hand, Mr. Kapur, learned Senior counsel appearing on behalf of the respondents submits that as far as the petition under Section 9 of the Arbitration and Conciliation Act, 1996 is concerned, the same is not maintainable as the bank guarantee in question is unconditional as stay order could not be passed on 27th March, 2015 as the grounds of the petition does not cover within the exceptions.
Without going into the merits of the cases, both the petitions are returned to the petitioner under Order VII Rule 10 CPC. All the objections raised by the respondents would be available when these petitions are filed before the Calcutta High Court.
Interim order to continue for next six weeks from today.
MANMOHAN SINGH, J.
JULY 18, 2016/vp
2 issues framed by the court
Whether the stay petition under Section 9 of the Arbitration and Conciliation Act is maintainable.
Whether the interim order should be extended pending filing in the Calcutta High Court.
2 provisions across 2 enactments
ACTION BRIDEGAP CONSTRUCTIONS PVT LTD
CONCAST INFRATECH LTD
MANMOHAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
