Union Of India vs Panacea Biotec Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 351

MANMOHAN, NAJMI WAZIRI
Union Of India – Appellant
Versus
Panacea Biotec Limited – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.Tushar Mehta, SGI with Mr.Balbir Singh, ASG with Ms.Monikabenjamin Mr. Bhagavn Swarup Shukla, CGSC, Mr. Rajesh Ranjan, Mr.Joel, Mr.Shyam Gopal and Mr.Sarvan Kumar, Advs.
For the Respondent: Mr.Sandeep Sethi, Sr. Adv. with Mr.Kawal Nain, Mr.Bhavya Nain, Mr.Rohit Dadwal and Ms.Kavita Sharma, Advs.

JUDGMENT :

MANMOHAN, J.

C.M.No. 16526/2021

1. Present application has been heard by way of video conferencing.

FACTS

2. The present appeal has been filed by the Appellant challenging the judgment and order dated 18th March, 2020, passed by learned Single Judge whereby the application filed by the Appellant herein under Section 34 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as “the Act 1996”) was rejected on the ground of delay terming it as merely a ‘bunch of papers’ and that by the time it was re-filed along with a copy of the Award, the period of limitation had expired, although the initial application had been filed with the registry within the period of limitation.

3. On 22nd July, 2020, learned counsel for the Respondent-Applicant had stated that the Respondent-Applicant, in the meantime, would not prosecute the execution proceedings instituted by it before the learned Single Judge.

4. Subsequently, present application being CM Appl.16526/2021 was filed by the Respondent-Applicant seeking modification of the interim order dated 22nd July, 2020 as well as for a direction to the Appellant to release the awarded amount along with interest to the Respondent-Appl