Waaree Engergies Ltd, v. Sahasradhara Energy Pvt Ltd,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 25TH DAY OF NOVEMBER 2019 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.Nos.8610, 8611 of 2019 and O.P.Diary.No.65025 of 2019 In the matter of Arbitration & Conciliation Act, 1996(as amended) And In the matter of Arbitration Award dated 14.02.2019 passed by Hon'ble Tribunal consisting of Justice Chitra Venkataraman arising from Solar PV Module Supply Contract dated August 22, 2016 between Sahasradhara Energy Private Limited, and Waaree Energies Limited.
WAAREE ENGERGIES LTD 602, Western Edge-1, Western Express Highway, Borivalli(E), Mumbai-400 066 Represented by its Authorized signatory Mr.Sridhar ..Applicant/PETITIONER in all applications -VSSAHASRADHARA ENERGY PVT LTD, New No.25, Old NO.10, Sir Madhavan Nair Road, Mahalingpuram, Nungambakkam, Chennai - 600 034 ..RESPONDENT/RESPONDENT in all applications A.No.8610 of 2019:
Application praying that this Hon'ble Court be pleased to condone the delay of 12 days in filing this A.D.No.13493/2019 against the Learned Master's order dated 04.10.2019 in A.No.5849/2019.
A.No.8611 of 2019:
Application praying that this Hon'ble Court be pleased to condone the delay of 12 days in filing this A.D.No.134794 of 2019 against the Learned Master's order dated 04.10.2019 in A.No.5839/2019.
O.P.Diary No.65025 of 2019:
The Original Petition Diary (No.65025 of 2019) praying that this Hon'ble Court be pleased to set aside the arbitration Award dated 14.02.2019 passed by the Learned Sole Arbitrator.
These Applications and Original Petition Diary (No.65025 of 2019) coming on this day before this court for hearing the court made the following order:
These applications are filed to condone the delay in filing the appeal against the order of the learned Master dated 04.10.2019 in A.No.5839 of 2019 and A.No.5849 of 2019.
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 delay occurred due to travel exigencies and the same would not cause prejudice to the respondent. The learned counsel for the respondent submitted that as per Order XIV Rule 12 of the Original Side Rules, it is not necessary to enclose a certified copy of the order for filing such an appeal.
4.Upon considering the submissions of both sides and on perusing the affidavit in support of all these
applications, it is seen that sufficient cause is made out for condoning the delay. Accordingly, the delay is condoned and the Registry is directed to number and list the respective appeal, if it is otherwise in order. Sd/.S.K.R.J.
25.11.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/28.11.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.