North Deihi Municipal Coeporation vs R&T Enterprises
2024 Latest Caselaw 6506 Del

Delhi High Court

North Deihi Municipal Coeporation vs R&T Enterprises on 27 September, 2024

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~3
                  *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +        O.M.P. (COMM) 256/2016, I.A. 39963/2024, I.A. 39962/2024
                           & REVIEW PET. 342/2024

                           NORTH DELHI MUNICIPAL CORPORATION .....Petitioner
                                        Through: Ms. Renu Gupta, Ms. Carina
                                        Arora and Ms. Pratiksha Jalan, Advs.

                                                       versus

                           R&T ENTERPRISES                   .....Respondent
                                        Through: Mr. Moni Cinmoy and Mr.
                                        Abhinav Akash, Advs.
                           CORAM:
                           HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                      ORDER (ORAL)

% 27.09.2024

1. I have heard Ms. Carina Arora, learned Counsel for the review petitioner and Mr. Moni Cinmoy, learned counsel for the respondent.

2. Ms. Arora, learned Counsel for the review petitioner, submits that by inadvertence, the operative portion of the judgment dated 5 August 2024, in OMP (COMM) 256/2016, even while noticing the candid acknowledgement by Mr. Cinmoy, that Claim 6 could not have been awarded, in para 54, does so record in the operative portion of the judgment. She also submits that interest would also therefore not be payable on the amount awarded in Claim 6.

3. Mr. Cinmoy fairly acknowledges that this is the position.

                     Review Pet. 342/2024 in O.M.P. (Comm) 256/2016                    Page 1 of 2 Digitally Signed
                                                                                                   By:CHANDRASHEKHARAN
KUMAR                                                                                             HARI SHANKAR
Signing Date:30.09.2024                                                                           Signing Date:30.09.2024
15:04:02                                                                                          15:03:10

4. Accordingly, para 71 of the judgment under review would stand corrected to read thus:

"Accordingly, the impugned award is set aside in respect of Claims 2, 4 and 6 and upheld in respect of all other claims except to the extent that the award of interest in Claim 7 would not cover the amount awarded by the learned Arbitral Tribunal in Claim 6"

5. The review petition stands allowed accordingly.

C. HARI SHANKAR, J.

SEPTEMBER 27, 2024 dsn Click here to check corrigendum, if any

Review Pet. 342/2024 in O.M.P. (Comm) 256/2016 Page 2 of 2 Digitally Signed By:CHANDRASHEKHARAN KUMAR HARI SHANKAR Signing Date:30.09.2024 Signing Date:30.09.2024 15:04:02 15:03:10