J D INDUSTRIES INDIA LIMITED v. M/S SAI DRILLING AND INFRASTRUCTURE PRIVATE LIMITED

Delhi High Court · 13 Sep 2023 · 2023:DHC:6604
Manmeet Pritam Singh Arora
CM(M) 1436/2023
2023:DHC:6604
arbitration petition_allowed

AI Summary

The Delhi High Court allowed the petitioner to withdraw the petition challenging a deposit order with liberty to raise objections under Section 34 of the Arbitration Act and extended the time for deposit compliance.

Full Text
Translation output
CM(M) 1436/2023
HIGH COURT OF DELHI
Date of Decision: 13.09.2023
CM(M) 1436/2023 & CM APPLs. 45919/2023, 45920/2023, 45921/2023
J D INDUSTRIES INDIA LIMITED ..... Petitioner
Through: Mr. V.V.R. Rao and Mr. Aditya Rao, Advocates with Mr. Vishal Gupta, AR
VERSUS
M/S SAI DRILLING AND INFRASTRUCTURE PRIVATE LIMITED THROUGH P S ENTERPRISES ..... Respondent
Through: Mr. Manik, Advocate (through VC)
Mr. Ashish Verma, Advocate (through VC)
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):

1. This petition impugns the order dated 03.06.3023 passed by the District Judge (Commercial Court-02), Dwarka Courts, New Delhi in the case bearing no. OMP (Comm.) No. 37/2023 titled as JD Industries Pvt Limited v. M/s Said Drilling and Infrastructure Pvt Ltd through PS Enterprises (‘Trial Court’) to the limited extent whereby the Trial Court directed the Petitioner herein to deposit 75% of the awarded amount within a period of 30 days.

2. After some arguments, learned counsel for the Petitioner seeks liberty to withdraw this petition reserving his rights and contentions to be urged before the Court hearing his objections under Section 34 of the Arbitration CM(M) 1436/2023 and Conciliation Act, 1996.

3. He further states that the time for making the deposit in compliance with the impugned order dated 03.06.2023 may be extended by a period of four (4) weeks.

4. Learned counsel for the Respondent has entered appearance and states that he has no objection to the relief of extension sought by the Petitioner.

5. Accordingly, with the consent of the parties, the time for making the deposit in compliance with the order dated 03.06.2023 is extended until 12.10.2023.

6. With the aforesaid directions, the present petition is disposed of reserving liberty to the Petitioner as prayed for.

7. Pending applications, if any, stands are disposed of.