Disposed

Ocean Seven Buildtech Pvt. Ltd. v. Sh. Sri Bhagwan

Delhi HC3 Sept 2024ARB. A. (COMM.)/51/2023

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against an arbitral order by consent. The court directed that the impugned order would not influence the final arbitral decision, both parties were at liberty to advance exhaustive arguments, and the arbitration mandate was extended by six months.

What did the court decide?

Mandate extended by six months; impugned order not to influence final award.

Ocean Seven Buildtech Pvt. Ltd. Vs Sh. Sri Bhagwan — Arbitration | Delhi HC (2024)

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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB. A. (COMM.) 51/2023 and I.A. 23650/2023

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OCEAN SEVEN BUILDTECH PVT LTD .....Appellant Through: Mr. Bhupender Pratap Singh, Adv.

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versus

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SH. SRI BHAGWAN .....Respondent Through: Mr. Gunjan Kumar, Ms. Sumitra Choudhary and Ms. Jasmine Sheikh, Advs.

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CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR

JUDGMENT (ORAL)

03.09.2024

1. After some hearing, learned counsel for the respondent was agreeable to a disposal of this appeal in the following terms :

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(i) The appellant shall not be required to comply with the impugned order dated 22 September 2023;

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(ii) The findings of the learned Arbitrators in the impugned order dated 22 September 2023 shall not influence the final decision in the arbitral proceedings and both sides shall be at liberty to advance exhaustive arguments on all aspects including on which the learned Arbitrators have expressed majority view in the impugned order dated 22 September 2023. This would include the interpretation of the expression “distributable

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ARB.A (COMM) 51/2023

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Page 1 of 3

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Signature Not Verified

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Signature Not Verified

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Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 04.0 9.2024 18:00:53

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Digitally Signed By:AJIT KUMAR Signing Da te:0 4.09.2024 18:02:02

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revenue” as well as other clauses on which the learned Arbitrators have placed reliance;

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(iii) The appellant shall be permitted to lead evidence even on the aspect of exclusions, though the learned Arbitrator would be at liberty to take a final call on the relevancy of the evidence, keeping in mind the interpretation he would finally adopt with respect to various clauses of the contract;

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(iv) None of the observations or findings in the impugned order shall be treated as an expression of opinion on the merits of the matter or on the interpretation of the clauses of the contract. This Court should not be treated as having expressed any opinion one way or the other on the correctness of the findings of the learned Arbitrators.

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2. This Court has complete faith in the objectivity of the learned Arbitrators while reconsidering the entire issue.

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3. In view of the aforesaid stand taken by the respondent, it is not necessary for this Court to express any opinion on the merits of the present appeal.

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4. The appeal is accordingly disposed of, in the aforesaid terms.

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5. It is stated that the mandate of the learned Arbitral Tribunal is due to expire on 14 September 2024. It shall stand extended for the

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ARB.A (COMM) 51/2023

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Page 2 of 3

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Signature Not Verified

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Signature Not Verified

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Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 04.0 9.2024 18:00:53

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Digitally Signed By:AJIT KUMAR Signing Da te:0 4.09.2024 18:02:02

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present by a period of six months from the said date.

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C.HARI SHANKAR, J

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SEPTEMBER 3, 2024/yg Click here to check corrigendum, if any

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ARB.A (COMM) 51/2023 Signature Not Verified

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Page 3 of 3

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Signature Not Verified

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Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 04.0 9.2024 18:00:53

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Digitally Signed By:AJIT KUMAR Signing Da te:0 4.09.2024 18:02:02

Ocean Seven Buildtech Pvt. Ltd. v. Sh. Sri Bhagwan

Case brief

What is this about?

What did the court decide?

Ocean Seven Buildtech Pvt. Ltd. v. Sh. Sri Bhagwan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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