O.M.P. (COMM) 359/2021

Page 1 of 17

$~15(Original Side)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

O.M.P. (COMM) 359/2021, I.A. 16339/2021 & I.A.16340/2021

SNG DEVELOPERS LIMITED

..... Petitioner

Through:

Mr. Dharmesh Mishra & Mr.

Prateek Gupta, Advs.

versus

VARDHMAN BUILDTECH PRIVATE LIMITED

..... Respondent

Through:

Mr. Sanjeev Kumar Dubey, Sr.

Adv. with Mr. Ashish Khurana,

Mr. Amit Bhatia, Mr. Manmay

Sarawagi & Mr. E Krishna

Dass, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N T (ORAL)

%

09.12.2021

1.

This petition, under Section 34 of the Arbitration and

Conciliation Act, 1996, (“the 1996 Act”), calls into the question the

legality of an interimaward dated 1^st November, 2021, passed by the

learned Arbitral Tribunal, presently in seisin of the disputes between

the parties.

2.

The impugned award addresses two objections, raised by the

petitioner (who was the respondent before the learned Arbitral

Tribunal), to the copy of an Agreement to Sell dated 4^th April, 2011,

which was sought to be presented in evidence by the respondent (who

was the claimant before the learned Arbitral Tribunal).

2021:DHC:4100

O.M.P. (COMM) 359/2021

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3.

The impugned award addresses the objections of the petitioner,

to the admissibility of the aforesaid document. As such, given the

limited scope of controversy, it is not necessary to refer to the disputes

between the parties, forming subject matter of consideration in

arbitration.

4.

The learned Arbitral Tribunal was constituted by this Court vide

order dated 4^th April, 2019. The Statement of Claim was filed on 21^st

May, 2019 and Statement of Defence was filed on 8^th July, 2019.

5.

Consequent to the learned Arbitral Tribunal entering on

reference, the first sitting of the learned Arbitral Tribunal took place

on 9^th May, 2019. On the said date, the learned Arbitral Tribunal set

out the following schedule for the arbitral proceedings and also

chalked out the procedure to be followed by it during the course of

arbitration:

S.

No.

Steps to be taken

Latest by

date

1.

Statement of Claim to be filed by the

Claimant, along with true copies of the

documents to be relied upon

23.05.2019

2. Statement of Defence and Counterclaim, if

any, to be filed by the Respondent along

with true copies of the documents to be

relied upon.

20.06.2019

3. Rejoinder to the Statement of Defence and

reply to Counterclaim, if any, to be filed by

Claimant

11.07.2019

4.

Rejoinder to the reply of the Claimant to

the Counterclaim, if any, to be filed by the

Respondent.

25.07.2019

5.

Affidavits of admission and/or denial of

respective documents to be exchanged by

the parties.

01.08.2019

2021:DHC:4100

O.M.P. (COMM) 359/2021

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6. Proposed draft Points for Determination by

the Arbitral Tribunal, to be exchanged by

the parties

08.08.2019

6.

Quathe procedure to be followed in respect of admission and

denial of documents, Para 7.8 of the record of proceedings dated 9^th

May, 2019, read thus:

“7.8

In the Affidavits of Admission/Denial, the parties will

list

and

describe

such

of

the

documents

the

existence/genuineness of which are in dispute, setting out the

reasons therefor in brief. In the absence of the same, the

document shall be available for being read in evidence,

dispensing with the need of formal proof thereof. However,

the question of evidentiary value to be attached to the

document shall remain open for consideration at the final

hearing.”

7.

Affidavits in evidence were filed by the parties as directed by

the learned Arbitral Tribunal, along with the documents on which they

sought to place reliance. The respondent/claimant filed, with its

affidavit in evidence, a copy of an Agreement to Sell dated 4^th April,

2011.

8.

It is an admitted position that, at the stage of admission and

denial, the petitioner (as the respondent before the learned Arbitral

Tribunal), adm