Antony Road Transport Solutions Pvt Ltd v. Prashant Goyal & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (CONT.) 2/2025 ANTONY ROAD TRANSPORT SOLUTIONS PVT LTD .....Petitioner Through:
Mr. Sushil Dutt Salwan, Sr. Advocate with Mr. Aditya Garg, Advocate versus PRASHANT GOYAL & ANR.
.....Respondents Through:
Mr. Arvind Nayyar, Sr. Advocate with Mr. Tushar Sannu, Mr. Pushkar Dwivedi, Advocates along with Mr.
Piyush Singh, Jt.
Commissioner Transport and Mr.
Pushpraj, Stastitical Officer, Transport
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 14.05.2025 1.
This Petition under Section 27(5) read with Section 17(2) of the Arbitration and Conciliation Act, 1996 ['Act of 1996'] read with Section 12 and Section 2(b) of the Contempt of Courts Act, 1971 has been filed by the Petitioner for wilful non-compliance by Respondents/Contemnors of the order dated 07.05.2025 passed by the Arbitral Tribunal in arbitral proceedings between the parties.
2.
Mr. Nayyar, learned senior counsel appearing on behalf of Respondents/Contemnors states that he has taken instructions from Respondent No. 1 as well as Respondent No. 2. 3.
He states that Respondents undertake to issue a schedule for the CS(OS) 549/2023 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 01/07/2025 at 16:07:55
plying of the Petitioner's buses in compliance with the order dated 07.05.2025 on or before 04:00 PM on 15.05.2025. 4.
He states that however, this issuance of schedule is without prejudice to the rights of the Government of National Capital of Territory ['GNCTD'] to avail its remedy under Section 37 of the Act of 1996. 5.
He states that GNCTD also reserves its right to agitate the issue of road worthiness of the buses being plied by the Petitioner before the Arbitral Tribunal and before the Appellate Court.
6.
He states that the other directions issued by the Arbitral Tribunal in its order dated 07.05.2025 will be complied with as per the time given therein. 7.
Respondent No. 2 is present in Court and he states that he understands the consequences of the breach of the undertaking given to this Court. He submits that he will ensure that the schedule is provided to the Petitioner before 04:00 PM tomorrow i.e., 15.05.2025.
8.
The statement of the counsel for Respondents and Respondent no. 2 is taken on record and they are bound down to the same. 9.
It is directed that Respondents will comply with the undertaking given to the Court today before 04:00 PM tomorrow i.e., 15.05.2025 as well as the other directions issued in the Tribunal's order dated 07.05.2025 within the timeframe stipulated therein.
10.
In view of the aforesaid undertaking of the Respondents, the petition stands disposed of.
MANMEET PRITAM SINGH ARORA, J MAY 14, 2025/rhc/MG Click here to check corrigendum, if any CS(OS) 549/2023 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 01/07/2025 at 16:07:55