M/S Lakeshwari Builders Pvt Ltd v. M/S Telecommunication Consultants India Ltd

O R D E R %

26.10.2016

IA No. 10908 of 2016

¶1For the reasons stated therein, the delay in filing the application (IA No. 10907 of 2016) is condoned.

¶2The application is allowed.

IA No. 10907 of 2016

¶3For the reasons stated therein, the order dated 18th May, 2016, dismissing the present appeal is recalled. The appeal is restored to file.

¶4The application is allowed.

ARB. A. (COMM.) 5 of 2015

¶5This appeal under Section 37 (2) (b) of the Arbitration and Conciliation

Act, 1996 ("Act") is directed against the interim order dated 30th September, 2015 passed by the learned Arbitrator in an application filed by the Respondent under Section 17 of the Act.

¶6Having perused the impugned interim order, the Court is not able to discern anything therein which can be said to be prejudicial to the Appellant. All that the Arbitrator has required the Appellant to do is to submit the "measurement sheets duly signed by the contractor and employer"s site representative along with abstract of measurement sheets and work done till previous bill, the running cumulative quantities and the amount certified by the employer"s side representative and accepted by the employer".

¶7If according to the Appellant these documents are already on record, then the Arbitrator has to be simply informed that fact. If some of these documents are not available with the Appellant, that fact has to be brought to the notice of the Arbitrator. What the consequences would be in such event is for the Arbitrator to decide.

¶8The Court finds no reason to interfere with the impugned interim order

¶9The appeal is, accordingly, dismissed.

S.MURALIDHAR, J OCTOBER 26, 2016/mg

* IN THE HIGH COURT OF DELHI AT NEW DELHI 1. + ARB. A. (COMM.) 5/2015 LAKESHWARI BUILDERS PVT LTD. ..... Petitioner Through: Mr. Abhay Anand Jena, Advocate. versus M/S TELECOMMUNICATION CONSULTANTS INDIA LTD. ..... Respondent Through: Mr. Chandan Kumar, Mr. Tushar Chauhan, Advocates. CORAM: JUSTICE S.MURALIDHAR