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2023 Supreme(Del) 1417

RAJIV SHAKDHER, TARA VITASTA GANJU
Mbl Infrastructure Ltd – Appellant
Versus
Rites Limited – Respondent


Advocates appeared:
Mr Amit Sibal, Senior Advocate with Ms Anusuya Salwan, Mr Bankim Garg, Ms Nikita Salwan, Mr Rishabh Sharma, Mr Darpan Sachdeva, Mr Vinamra and Mr Rachit Wadhwa, Advocates, for the Appellant.
Mr G.S. Chaturvedi, Advocate, for R-1.
Ms Mehak Nakra, ASC (Civil) with Mr. Abhishek, Advocates, for R-2.

JUDGMENT

[Physical Court Hearing/Hybrid Hearing (as per request)]

Tara Vitasta Ganju, J.

TABLE OF CONTENTS

Preface

Background

MBL Submissions

RITES Submissions

Issues

The Statute and the Law

Conclusion

Directions

Preface:

1. The present Appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [hereinafter called "the Act"] against Judgment dated 14.10.2022 passed by the learned Single Judge in OMP(COMM) No. 98/2022 [hereinafter called "Impugned Judgment"] whereby the learned Single Judge has dismissed the Petition filed by the Appellant [hereinafter called "MBL"] under Section 34 of the Act against the Order dated 08.01.2022 passed by the Arbitral Tribunal [hereinafter called "Impugned Arbitral Order"].

Background:

2. Briefly, the facts in issue are that MBL filed a Statement of Claims against the Respondent No. 1 [hereinafter called "RITES"] on 15.05.2018 in respect of a contract for construction of Police lines and residential quarters for the Delhi Police [hereinafter called "DP"] at Kondli in Delhi [hereinafter called "the Project"].

2.1 An Agreement dated 05.07.2012 was executed between MBL and RITES. The commencement date of the Project was 02.06.2012


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