Hindustan Steel Works vs J.B.S.Udyog
2021 Latest Caselaw 458 Del

                          $~24 (Original Side)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P. 41/2004, I.A. 2050/2021

                                HINDUSTAN STEEL WORKS                           ..... Petitioner
                                             Through: None

                                                    versus

                                J.B.S.UDYOG                                      ..... Respondent
                                                    Through:         Mr. Vaibhav Kalra & Mr.
                                                                     Varun Kalra, Advs. for
                                                                     Applicant/ Respondent No. 2
                                                                     (Airports Authority of India)


                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                         O R D E R (ORAL)

% 10.02.2021 (Video-Conferencing)

I.A. 2050/2021(Under Section 151 of CPC - seeking directions)

1. This is an application filed in a petition, under Section 8 of the Arbitration and Conciliation Act, 1996, which stands disposed of, by this court, as far back as on 10th August, 2004, by appointing an arbitrator to arbitrate on the disputes.

2. The prayer in this application is for a direction to the learned Arbitrator, seized of the arbitral proceedings between the parties, to render the award within a period of three months.

3. To my mind, such an application, in a petition which already stands disposed off, is not maintainable. Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI

Signing Date:11.02.2021 21:48:59

4. To a query, from the Bench, as to the provision under which the application has been filed, Mr. Kalra, learned counsel for Respondent No. 2 (the applicant in the application), submits that the application seeks to invoke Section 151 of the CPC.

5. In my opinion, Section 151 of the CPC cannot be used as a residual provision, to sustain applications which are otherwise not maintainable under any provision of the law as it stands, least of all in arbitral proceedings.

6. Be that as it may, as the matter has been pending before the learned arbitrator since long, I deem it appropriate to dispose of this application, with a request to the learned arbitrator to render the award on the arbitration as expeditiously as possible.

7. The application stands disposed off accordingly.

C.HARI SHANKAR, J FEBRUARY 10, 2021 ss

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI

Signing Date:11.02.2021 21:48:59