Natconn Engineering Private Limited (Nepl) v. Jitf Water Infrastructure Limited (Jwil)

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (COMM) 384/2016 NATCONN ENGINEERING PRIVATE LIMITED (NEPL) ..... Petitioner Through Mr.Anjaneya Mishra, Adv. with Mr.Siddhartha Tanwar, Adv.

versus JITF WATER INFRASTRUCTURE LIMITED (JWIL) ..... Respondent Through Mr.Rajesh Chhetri, Adv. with Ms.Sharmila Upadhyay, Mr.Akash Tyagi, Mr.Rajeev Chhetri and Ms.Meenakshi, Advs.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 19.08.2016 Caveat No.726/2016 Since the learned counsel for the caveator/respondent has entered appearance, the caveat stands discharged.

I.A. No.10029/2016 (exemption) Exemption allowed, subject to just exceptions. The application is disposed of.

O.M.P. (COMM) 384/2016 & I.A. No.10028/2016 The present petition has been filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 (as amended) against the order dated 17th June, 2016 and other consequential orders dated 18th June, 2016 and 4th August, 2016 passed by the learned sole arbitrator striking out the right of

the petitioner to place the statement of admission/denial of documents of the respondent on the arbitral record.

Respondent/claimant's evidence has been produced before the Arbitral Tribunal by way of affidavit which is taken on record. The affidavit of the petitioner is already on record.

The matter is listed before the learned Arbitrator on 20th August, 2016. The petitioner is at liberty to challenge the said order in the objections if any filed under Section 34 of the Act after publishing of the award. The present petition is not maintainable. The same is dismissed.

MANMOHAN SINGH, J.

AUGUST 19, 2016/jk