IN THE HIGH COURT OF DELHI AT NEW DELHI
BUDHIRAJA ELECTRICALS – Appellant
Versus
PUBLIC WORK DEPARTMENT (GOVT. OF NCT OF DELHI) – Respondent
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
J U D G M E N T
HARISH VAIDYANATHAN SHANKAR, J.
1. The Objection Petition, being O.M.P. (COMM.) 207/201711 Objection Petition, has been instituted under Section 34 of the Arbitration and Conciliation Act, 199622 A&C Act, seeking setting aside of the Arbitral Award dated 26.10.2016, as revised on 07.01.201733 Arbitral Award, rendered by the learned Sole Arbitrator insofar as it pertains to Claim Nos. 3 and 6, along with the corresponding claims relating to interest.
2. The Enforcement Petition, being O.M.P.(ENF.)(COMM.) 46/201844 Enforcement Petition, has been filed under Order XXI Rules 10 and 11 read with Section 151 of the Code of Civil Procedure, 1908 and Section 36 of the A&C Act, seeking enforcement of the aforesaid Impugned Arbitral Award.
3. It is pertinent to note that both the aforesaid proceedings arise from the same Arbitral Award. While the Objection Petition calls into question the validity and sustainability of the Impugned Arbitral Award, the Enforcement Petition seeks its enforcement. In such circumstances, it is expedient that the challenge to the Arbitral Award under Section 34 of the A&C Act be considered prio
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