← Library
High Court of DelhiO.M.P. (T) (COMM.)/75/2022

Angle Infrastructure Pvt Ltd v. Ms Capital Builders Pvt Ltd & ORS.

2024-02-27Hon'Ble Mr. Justice Jasmeet Singh2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 75/2022 ANGLE INFRASTRUCTURE PVT LTD ..... Petitioner Through:

Mr Ramesh Singh, Sr. Adv. with Ms Saheena Taqui, Ms Bina Gupta, Ms Akansha Saini, Mr Shiv Vinayak Gupta and Ms Hage Nanya, Advs.

versus MS CAPITAL BUILDERS PVT LTD & ORS. ..... Respondents Through:

Mr Abhinav Sharma, Adv. for R-1.

Mr Kunal Kher, Adv. for R-3.

Mr Parveen Bhati, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 27.02.2024 1.

The order passed today is in continuation of the order passed on 24.01.2024.

2.

Respondent No.3 has filed an affidavit in terms of the order dated 24.01.2024 indicating that respondent No.3 has no objection to the Sole Arbitrator continuing with the arbitration proceedings and he would not raise objection under Entry 16 of 7th Schedule of the Arbitration and Conciliation Act, 1996.

3.

The affidavit filed by respondent No.3 is in compliance of Proviso to Section 12(5) of the Arbitration & Conciliation Act, 1996. 4.

Mr Bhati, learned counsel appears for respondent No.4. Since The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:20:45

respondent No. 2 and 4 has been proceeded ex-parte before the Arbitral Tribunal and the ex-parte proceedings have not been set aside, there is no requirement of an affidavit from respondent Nos.2 and 4. 5.

In view of the affidavit of respondent No. 3 and the statement made by Mr Kher, learned counsel on behalf of respondent No.3, Mr Singh, learned counsel for the petitioner does not press the present petition. 6.

The petition is disposed of accordingly.

JASMEET SINGH, J FEBRUARY 27, 2024 sr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:20:45