Sb Adithya Power Projects Pvt Ltd., Rep.By Its Director Mr.Sheik Bareed v. M/S. Siemens Gamesa Renewable Pvt Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 21ST DAY OF NOVEMBER 2019 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A. No.8190 of 2019 in O.P.Diary No.89348 of 2019 In the matter of Section 34 Arbitration and Conciliation Act, 1996 and In the matter of dispute between M/s.SB Adithya Power Projects Pvt.Ltd. Chennai and M/s.Siemens Gamesa Renewable Private Limited (Previously known as Gamesa Renewable Private Ltd.) and before that known as Gamesa Wind Turbines Ltd.
And In the matter of the Award dated 19th day of April, 2019 passed by the Hon'ble Arbitral Tribunal in the arbitration proceedings between the Petitioner and respondent.
M/S.SB ADITHYA POWER PROJECTS PVT LTD., REP.BY ITS DIRECTOR MR.SHEIK BAREED NO.3, 1ST FLOOR, VEDAMMAL AVENUE, DR.SUBBARAYAN NAGAR, KODAMBAKKAM, CHENNAI- 600 024 ..Applicant / Petitioner -vsM/S. SIEMENS GAMESA RENEWABLE PVT LTD., PREVIOUSLY KNOW AS GAMESA RENEWABLE PVT LTD AND BEFORE THAT KNOWN AS GAMESA WIND TURBINES LTD) REP.BY ITS MANAGING DIRECTOR, FUTURA B-BLOCK, 8TH FLOOR, NO.334, OLD MAHABALIPURAM SALAI, SHOLINGANALLUR, CHENNAI-600 119 ..Respondent/Respondent A.No.8190 of 2019:
https://hcservices.ecourts.gov.in/hcservices/ Application praying that this Hon'ble Court be pleased to condone the delay of 14 days in filing the of the above
Original Petition Diary No.89348/2019 This Application coming on this day before this court for hearing, the court made the following order: This application is filed to condone the delay of 14 days in filing the petition to set aside the arbitral Award.
2. I heard the learned counsel for the applicant and the learned counsel for the respondent.
3. The learned counsel for the applicant submitted that the petition was filed within the prescribed three month period on 16.07.2019. But the applicant had not enclosed the original signed copy of the Award. Consequently, a delay occurred in re-presenting the petition with the signed copy of the Award.
4. The learned counsel for the respondent submitted that the presentation of the petition without the signed copy of the Award was not in order and that, therefore, the petitioner has not made out sufficient cause.
5. On examining the affidavit filed in support of the petition and upon considering the submissions of the learned counsel for the applicant, I am of the view that sufficient cause has been made out by the applicant to condone the delay of 14 days in filing the petition.
6. Accordingly, this petition is allowed and the Registry is directed to number the above un-numbered O.P. if it is otherwise in order.
Sd/.S.K.R.J.
21.11.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/27.11.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
https://hcservices.ecourts.gov.in/hcservices/