Virender Khanna & Associates v. Airport Authority Of India

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 31/2016 VIRENDER KHANNA & ASSOCIATES ..... Petitioner Through:

Mr. Ramesh Singh, Ranjay N. and Mr. Rohit Kumar, Advocates.

versus AIRPORT AUTHORITY OF INDIA ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.01.2017 IA No.348/2017 1.

This is an application filed by the petitioner, inter alia, seeking clarification that the issues raised by the petitioner are not concluded by the order of this court passed on 15.09.2016. The learned counsel for the petitioner states that this application is necessitated since the Arbitral Tribunal has taken a view that this Court had already concluded the question of bias against the petitioner.

2.

By an order dated 15.09.2016, this Court had dismissed the petition filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 for the sole reason that the order impugned was not an Arbitral Award and, therefore, no interference was warranted at that stage. It is clarified that the Court had not considered any of the issues on merits and had further expressly clarified that all contentions of the petitioner are open. It was also expressly observed that it was expected that the Arbitrator would

consider all contentions of the parties and pass an award uninfluenced by the order impugned in that petition.

3.

For avoidance of further doubt, it is clarified that this Court had not expressed any opinion as to any contention advanced by the petitioner and nothing stated in the order shall be read as an expression of opinion as to the issues raised by the parties including as to the question of bias. 4.

The application is disposed of.

5.

Order dasti.

VIBHU BAKHRU, J JANUARY 11, 2017 MK