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2023 Supreme(Online)(DEL) 7096
$~ 41 to 51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 12.12.2023 + O.M.P. (COMM) 295/2023 BLISS HABITAT PVT LTD AND ORS ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 296/2023 IMAGINE REALTY PVT. LTD. AND ORS ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 359/2023 IMAGINE ESTATE PVT LTD & ORS. ..... Petitioners versus INDIABULLS COMMERCIAL CREDIT LTD AND ANR ..... Respondents + O.M.P. (COMM) 360/2023 M/S. IMAGINE HOME PRIVATE LIMITED & ORS. ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR.
..... Respondents + O.M.P. (COMM) 361/2023 BLISS ABODE PRVATE LIMITED & ORS. ..... Petitioners versus INDIA BULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 362/2023 IMAGINE HABITAT PVT. LTD. & ORS. ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 363/2023 IMAGINE ESTATE PVT. LTD. & ORS. ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR.
..... Respondents + O.M.P. (COMM) 364/2023 BLISS AGRI ECO TOURSIM LTD & ORS. ..... Petitioners versus INDIA BULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 365/2023 M/S BLISS HOUSE PRIVATE LIMITED & ORS. ..... Petitioners versus INDIA BULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 366/2023 BLISS VILLA DELHI PVT LTD & ORS. ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents + O.M.P. (COMM) 375/2023 IMAGINE RESIDENCE PVT LTD & ORS. ..... Petitioners versus INDIABULLS HOUSING FINANCE LIMITED AND ANR ..... Respondents Presence:
Advocates for petitioners:
Mr. Naman Joshi, Mr. Anirudh Singh, Mr. Guneet Sidhu and Ms. Ritika Vohra, Advs.
Advocates for respondents:
Mr. Rajeev Nayar, Sr. Adv. alongwith Mr. Dayan Krishnan, Sr. Adv., Mr. Dheeraj Nair, Mr. Manish Jha, Ms. Vishrutyi Sahni and Ms. Aishna Jain, Advs. for R-1.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
JUDGMENT
IA No. 14573/2023 (delay of 26 days) and 14576/2023 (delay of 03 days in re-filing the petition) in O.M.P (COMM) 295/2023 IA Nos. 14578/2023 (delay of 26 days) and 14581/2023 (delay of 03 days in re-filing the petition) in O.M.P (COMM) 296/2023 IA Nos. 17601/2023 (delay of 26 days in filing the petition) and 17604/2023 (delay of 32 days in re-filing the petition) in O.M.P (COMM) 359/2023 IA Nos.17606/2023 (delay of 26 days in filing the petition) and 17609/2023 (delay of 32 days in re-filing the petition) in O.M.P (COMM) 360/2023 IA Nos.17611/2023 (delay of 26 days in filing the petition) and 17614/2023 (delay of 32 days in re-filing the petition) in O.M.P (COMM) 361/2023 IA Nos.17616/2023 (delay of 26 days in filing the petition) and 17619/2023 (delay of 32 days in re-filing the petition) in O.M.P (COMM) 362/2023 IA Nos.17643/2023 (delay of 26 days in filing the petition) and 17646/2023 (delay of 32 days in re-filing the petition) O.M.P (COMM) 363/2023 IA Nos.17656/2023 (delay of 26 days in filing the petition) and 17659/2023 (delay of 32 days in re-filing the petition) O.M.P (COMM) 364/2023 IA Nos.17661/2023 (delay of 26 days in filing the petition) and 17664/2023 (delay of 32 days in re-filing the petition) O.M.P (COMM) 365/2023 IA Nos.17715/2023 (delay of 26 days in filing the petition) and 17718/2023 (delay of 32 days in re-filing the petition) O.M.P (COMM) 366/2023 IA Nos.17942/2023 (delay of 26 days in filing the petition) and 17945/2023 (delay of 32 days in re-filing the petition) O.M.P (COMM) 375/2023
1. The present petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (the “A&C Act”) seek to assail the validity of 11 arbitral awards dated 28.02.2023. Admittedly, the said petitions were filed before the Registry of this court on 27.06.2023 / 28.06.2023.Various defects which were pointed out by the Registry from time to time, details whereof shall be set forth in the subsequent parts of this order, were finally cleared on 04.08.2023 in O.M.P (COMM) 295/2023, on 05.08.2023 in O.M.P. (COMM) 296/2023, on 11.09.2023 in O.M.P.(COMM) 359/2023, O.M.P.(COMM) 360/2023, O.M.P.(COMM) 361/2023, O.M.P.(COMM) 362/2023, O.M.P.(COMM) 363/2023, O.M.P.(COMM) 364/2023, O.M.P.(COMM) 365/2023 and O.M.P.(COMM) 366/2023, and on
14.09.2023 in O.M.P.(COMM) 375/2023.
2. The delay in filing that is sought to be condoned in each of the petitions is stated to be of 26 days. However, the delay in re-filing that is sought to be condoned is slightly different. In O.M.P (COMM) 295/2023 and O.M.P. (COMM) 296/2023, the delay in re-filing sought to be condoned is of 3 days, whereas in the rest of the petitions being O.M.P.(COMM) 359/2023, O.M.P.(COMM) 360/2023, O.M.P.(COMM) 361/2023, O.M.P.(COMM) 362/2023, O.M.P.(COMM) 363/2023, O.M.P.(COMM) 364/2023, O.M.P.(COMM) 365/2023, O.M.P.(COMM) 366/2023 and O.M.P.(COMM) 375/2023, the delay in re-filing sought to be condoned is stated to be of 32 days.
3. The objections raised by the respondent no.1 in all 11 interconnected petitions are similar, however, in addition to the said similar objections, the respondent no.1 in O.M.P. (COMM) 359/2023, O.M.P. (COMM) 360/2023, O.M.P. (COMM) 364/2023 and O.M.P.(COMM) 366/2023 has also raised an objection on the ground that in the said 4 petitions, the award that was filed with the original petition was redacted and therefore illegible.
4. For the sake of convenience, only the facts in O.M.P. (COMM) 359/2023 (I.A. 17601 and I.A 17604) are being referred to, since the delay sought to be condoned in re-filing of the said petition is stated to be of 32 days and also, there is an objection on behalf of the respondent no.1 on the additional ground that the copy of the award filed with the petition was redacted and illegible.
5. In I.A. 17601/2023, the petitioners have sought condonation of delay of 26 days in filing the present petition. It is submitted that the impugned arbitral award was received on 28.02.2023, and as such, the statutory period of three
