Honshu Buildcon Private Limited v. North Delhi Municipal Corporation & ANR.
$~38 & 39 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 83/2017 HONSHU BUILDCON PRIVATE LIMITED ..... Petitioner Through:
Mr Kirti Uppal, Senior Advocate with Mr Rajesh Gupta, Advocate.
versus NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents Through:
Ms Mini Pushkarna, Standing counsel, NDMC, Ms Anushruti and Ms Vasundhara Nayyar, Advocates.
with Mr Ashwani Mathur, ALO RP Cell, NDMC AND + O.M.P.(I) (COMM.) 84/2017 HONSHU BUILDCON PRIVATE LIMITED ..... Petitioner Through:
Mr Kirti Uppal, Senior Advocate with Mr Rajesh Gupta, Advocate.
versus NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents Through:
Ms Mini Pushkarna, Standing counsel, NDMC, Ms Anushruti and Ms Vasundhara Nayyar, Advocates.
with Mr Ashwani Mathur, ALO RP Cell, NDMC
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 11.04.2017 IA No.4283/2017 in O.M.P.(I) (COMM.) 83/2017 IA No.4281/2017 in O.M.P.(I) (COMM.) 84/2017 These are applications filed on behalf of the petitioner seeking enlargement of the time to pay the disputed amounts. It is seen that the petitions were disposed of by an order dated 20.02.2017 wherein directions were given for payment of the 50% of the amount within a period of two weeks from that date and subject to the said payments being made, the respondents were directed to keep the order of cancellation in abeyance and not implement the same. Ms Pushkarna, learned counsel for the respondents states that the petitioner had failed to pay the aforesaid amounts and, therefore, the cancellation of contract has become effective.
She further points out that the arbitral proceedings have also been terminated by the Delhi International Arbitration Centre. In view of the above, no relief can be granted to the petitioner. However, this would not preclude the petitioner from approaching the respondents to consider accepting payments belatedly with interest. The applications are disposed of.
VIBHU BAKHRU, J APRIL 11, 2017 MK