Government Of NCT Of Delhi Public Works Department v. M/S N.N. Buildcon Pvt. Ltd

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (COMM) 564/2016 GOVERNMENT OF NCT OF DELHI PUBLIC WORKS DEPARTMENT ..... Petitioner Through:

Mr Sanjay Dewan with Ms Palak Rohmetra, Advocates.

versus M/S N.N. BUILDCON PVT. LTD ..... Respondent Through:

Mr V. K. Jhanji Senior Advocate with Ms Jyoti Mendiretta, Mr Vineet Jhanji and Mr Imran Moulaey, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.12.2016 IA No.15570/2016 Allowed, subject to all just exceptions.

O.M.P. (COMM) 564/2016, CAV No.1059/2016 & IA No.15569/2016 The petitioner has filed the present petition assailing an Award dated 31.08.2016 which was received by the petitioner on 02.09.2016. It is seen that the said petition is supported by a statement of truth wherein the deponent has affirmed that all documents in the power, possession and custody pertaining to the facts and circumstances of the proceedings have been disclosed and copies thereof are annexed with the petition. It is further affirmed that the deponent does not have any other document in his power that has not been filed.

However, it is seen that the present petition is

accompanied only by a copy of the Award, copy of statement of claim and a copy of the reply to the statement of claim. The learned counsel appearing for the petitioner states that there are some other relevant documents, which would be required to be filed.

In view of the fact, that the statement of truth affirming the petitioner is palpably false. The petition, and the pending application are dismissed with liberty to the petitioner to file afresh considering that the period of limitation has not expired as yet.

VIBHU BAKHRU, J DECEMBER 16, 2016 MK