Magnum Builders & Developers And Chawla Constructions (Jv) v. Managing Director Ircon International Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 33/2017 MAGNUM BUILDERS & DEVELOPERS AND CHAWLA CONSTRUCTIONS (JV) ..... Petitioner Through:

Mr A. K. Bajpai, Mr Praveen Gupta and Mr Rajeev Lochan, Advocates.

versus MANAGING DIRECTOR IRCON INTERNATIONAL LTD ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.03.2017 IA No.2984/2017 Allowed, subject to all just exceptions.

OMP (ENF.) (COMM.) 33/2017 & IA Nos.2983/2017 & 2985/2017 This is a petition for enforcement of the Arbitral Award dated 15.01.2015. The learned counsel for the petitioner states that the respondent has preferred a petition (being OMP 261/2015) under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the 'Act') which is pending consideration. In view of the fact that the respondent has already moved this Court under Section 34 of the Act and in view of the decision of the Division Bench in FAO(OS) No.221/2016 (ARDEE Infrastructure Pvt. Ltd v. Ms. Anuradha Bhatia) the present petition is not maintainable at this stage.

Accordingly, the petition is dismissed with liberty to the petitioner to apply afresh subject to outcome of the respondent's petition under section 34 of the Act- OMP(COMM) 261/2015.

VIBHU BAKHRU, J MARCH 08, 2017 MK