Dharamvir and Company vs Delhi Development Authority

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANOJ KUMAR OHRI
Dharamvir and Company – Appellant
Versus
Delhi Development Authority – Respondent

Table of Content
1. nature of the appeal and factual background (Para 3 , 4 , 5)
2. arguments of the parties in the appeal (Para 6 , 7)
3. court's reasoning based on the arbitral award (Para 8 , 9 , 12 , 13)
4. limitations on interference under section 37 (Para 14 , 15 , 16 , 17 , 19)
5. conclusion and dismissal of the appeal (Para 20 , 21 , 22)

JUDGMENT

Manoj Kumar Ohri, J.

CM.APPL No.24765/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

FAO No.147/2022 & CM. APPL. No.24766/2022 (Interim Stay)

3. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the `Arbitration Act') on behalf of the appellant assailing the Award dated 02.11.2015 passed by the learned Arbitrator in Arbitration Case No.132/2013 as well as the order dated 23.03.2022 passed by the learned ADJ-02, West, Delhi in Arbitration No. 60863/16. The appellant also seeks direction to the respondent for fresh adjudication of claims by another Arbitrator.

4. Brief facts of the case, as noted by the learned ADJ, are as follows:

"2. Petitioner is approved contractor of the respondents as he is listed as su

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DELHI HIGH COURTMANOJ KUMAR OHRIDharamvir and Company – AppellantVersusDelhi Development Authority – Respondent

DELHI HIGH COURT
MANOJ KUMAR OHRI
Dharamvir and Company – Appellant
Versus
Delhi Development Authority – Respondent