Bharat Heavy Electricals Limited vs Bhatia Engineering Company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Bharat Heavy Electricals Limited – Appellant
Versus
Bhatia Engineering Company – Respondent

Table of Content
1. details of the arbitration award and respondent's claims. (Para 6 , 8 , 9 , 10 , 11 , 12)
2. appellant's arguments against the court's decision. (Para 14 , 15 , 16)
3. court's analysis on the applicability of the msmed act. (Para 17 , 18 , 19 , 21 , 22 , 23)
4. rejection of the remand argument and discussion on curable defects. (Para 24 , 25)
5. final dismissal of the appeal. (Para 26)

JUDGMENT

Vibhu Bakhru, J. (Oral)

CM No. 34754/2021

1. This is an application filed by the appellant seeking condonation of delay in filing the present appeal.

2. Dr Amit George, learned counsel appearing for the respondent, fairly states that in view of the orders passed by the Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020: Re: Cognizance for Extension of Limitation, the limitation stands condoned and he is not opposing the present application.

3. In view of the above, the application is allowed.

FAO (COMM) 117/2021 and CM Nos. 22615/2021, 22616/2021 & 31776/2021

4. Issue notice.

5. The learned counsel appearing for the respondent accepts notice.

6. The appellant has filed the present appeal impugning an order dated 16.12.2019 (hereafter `the impugned order') pas

Click Here to Read the rest of this document

DELHI HIGH COURTVIBHU BAKHRU, AMIT MAHAJANBharat Heavy Electricals Limited – AppellantVersusBhatia Engineering Company – Respondent

DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Bharat Heavy Electricals Limited – Appellant
Versus
Bhatia Engineering Company – Respondent