Premco Rail Engineers Limited v. Korba West Power Company Limited

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 348/2016 PREMCO RAIL ENGINEERS LIMITED ..... Petitioner Through: None for the Applicant in IA Nos. 2878, 2879/2017.

versus KORBA WEST POWER COMPANY LIMITED ..... Respondent Through: None.

With + O.M.P.(I) (COMM.) 349/2016 PREMCO RAIL ENGINEERS LIMITED ..... Petitioner Through: None for the Applicant in IA Nos. 2876, 2877/2017.

versus KORBA WEST POWER COMPANY LIMITED ..... Respondent Through: None.

With + O.M.P.(I) (COMM.) 350/2016 PREMCO RAIL ENGINEERS LIMITED ..... Petitioner Through:None for the Applicant in IA Nos. 2874, 2875/2017.

versus

KORBA WEST POWER COMPANY LIMITED ..... Respondent Through: None.

And + O.M.P.(I) (COMM.) 351/2016 PREMCO RAIL ENGINEERS LIMITED ..... Petitioner Through: None for the Applicant in IA Nos. 2872, 2873/2017.

versus KORBA WEST POWER COMPANY LIMITED ..... Respondent Through: None.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 06.03.2017 IA No. 2878/2017 (delay) in OMP (I) (COMM) 348/2016 IA No. 2877/2017 (delay) in OMP (I) (COMM) 349/2016 IA No. 2874/2017 (delay) in OMP (I) (COMM) 350/2016 IA No. 2872/2017 (delay) in OMP (I) (COMM) 351/2016

1. Fr the reasons stated therein, these applications are allowed. The delay of 26 days in re-filing the applications seeking correction of record is condoned.

IA No. 2879/2017 (delay) in OMP (I) (COMM) 348/2016 IA No. 2876/2017 (delay) in OMP (I) (COMM) 349/2016 IA No. 2875/2017 (delay) in OMP (I) (COMM) 350/2016 IA No. 2873/2017(delay) in OMP (I) (COMM)351/2016

2. In these applications it is now stated by the Petitioner that the it had

already invoked the arbitration clause and requested for appointment of an arbitrator on 20th August 2016. These facts are taken note of. Nothing in the orders dated 5th October 2016 and 29th November 2016 passed by this Court should be construed as contradicting the above factual position.

3. The applications are disposed of.

S.MURALIDHAR, J MARCH 06, 2017 Rm