NBCC (INDIA) LTD Vs. SHARMA ENTERPRISES

JUDGEMENT

(1.) This is an application under Section 14 of the Arbitration Act, 1940 (hereinafter 'the 1940 Act) filed by the Petitioner, NBCC (India) Limited (NBCC) praying that this Court should direct the learned Arbitrator appointed by the Supreme Court of India by its order dated 3 rd August 2011 in Special Leave Petition (Civil) No. 27203 of 2008 to file the Award dated 28th July 2016.

(2.) In the present suit, on 22nd November 2016, notice was issued to the learned Arbitrator to file the original arbitral Award as well as the entire arbitral record.

(3.) At the next date of hearing, i.e., 30th January 2017 Ms. Anusuya Salwan, learned counsel appearing for M/s. Sharma Enterprises (SE) pointed out that the present petition under the 1940 Act is not maintainable as such. In particular, Ms. Salwan referred to the stand taken by NBCC in its reply to OMP No. 144 of 2003 filed by SE under Sections 14 and 15 of the Arbitration and Conciliation Act , 1996 (hereinafter the '1996 Act). Ms. Salwan pointed out that no objection was raised by NBCC to the applicability of 1996 Act proceeding in the said reply. At that stage Ms. Ginny Rautray, learned counsel for NBCC, sought time to examine the said reply. The Court also summed the file of OMP No. 144 of 2003.