w w w . L a w y e r S e r v i c e s . i n



India Tourism Development Corporation v/s M/s. C.P. & Associates Pvt. Ltd. & Others


Company & Directors' Information:- INDIA TOURISM DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1965GOI004363

Company & Directors' Information:- C P AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U45201DL2001PTC111850

Company & Directors' Information:- C M ASSOCIATES PRIVATE LIMITED [Active] CIN = U51101CH2010PTC032255

Company & Directors' Information:- R A S ASSOCIATES LTD [Active] CIN = U74210WB1988PLC045492

Company & Directors' Information:- A P S ASSOCIATES PVT LTD [Active] CIN = U74210PB1978PTC003847

Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- N S P ASSOCIATES (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1996PTC082177

Company & Directors' Information:- B B C ASSOCIATES LIMITED [Active] CIN = U45309TN1988PLC015954

Company & Directors' Information:- S K N ASSOCIATES PVT LTD [Active] CIN = U74899DL1983PTC016634

Company & Directors' Information:- B N T ASSOCIATES LTD [Strike Off] CIN = U17119WB1935PLC008284

Company & Directors' Information:- P V M ASSOCIATES PVT LTD [Active] CIN = U51226DL1987PTC311009

Company & Directors' Information:- P V M ASSOCIATES PVT LTD [Active] CIN = U51226HR1987PTC036321

Company & Directors' Information:- A P ASSOCIATES PVT LTD [Active] CIN = U72200AS1994PTC004194

Company & Directors' Information:- S. P. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066986

Company & Directors' Information:- AT ASSOCIATES PRIVATE LIMITED [Active] CIN = U51109OR2008PTC009787

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- F AND A ASSOCIATES PRIVATE LIMITED [Active] CIN = U74120UP2015PTC075062

Company & Directors' Information:- D C P ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U51311DL1987PTC026667

Company & Directors' Information:- A R ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC029533

Company & Directors' Information:- N S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74210DL2002PTC117462

Company & Directors' Information:- K V ASSOCIATES PVT LTD [Active] CIN = U01122PB1986PTC006863

Company & Directors' Information:- K P ASSOCIATES (INDIA) PRIVATE LIMITED [Active] CIN = U70101WB1997PTC085826

Company & Directors' Information:- D V ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45201CH2000PTC024072

Company & Directors' Information:- P P ASSOCIATES PVT LTD [Strike Off] CIN = U51228PB1990PTC010014

Company & Directors' Information:- I J ASSOCIATES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1988PTC032756

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- P K C & ASSOCIATES PVT LTD [Converted to LLP and Dissolved] CIN = U45202WB1987PTC041774

Company & Directors' Information:- H S AND ASSOCIATES PVT LTD [Active] CIN = U55101AS1988PTC002910

Company & Directors' Information:- M P D ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013982

Company & Directors' Information:- M S ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038395

Company & Directors' Information:- J S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028180

Company & Directors' Information:- A B R AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U70101DL2004PTC123935

Company & Directors' Information:- V S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068018

Company & Directors' Information:- L S ASSOCIATES PVT LTD [Strike Off] CIN = U74140WB1985PTC039501

Company & Directors' Information:- P. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U45201DL1984PTC018057

Company & Directors' Information:- O & S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74210TN2004PTC053764

Company & Directors' Information:- S A S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045528

Company & Directors' Information:- U K E AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U70109OR1995PTC004230

Company & Directors' Information:- P. S. D. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015217

Company & Directors' Information:- V K ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015519

Company & Directors' Information:- A AND A ASSOCIATES PVT LTD [Converted to LLP] CIN = U74140PB1989PTC009864

Company & Directors' Information:- S S ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC023665

Company & Directors' Information:- L R ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U70101DL1999PTC100897

Company & Directors' Information:- H B ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45201AS2003PTC007275

Company & Directors' Information:- R. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U51900HR2011PTC042294

Company & Directors' Information:- A. M. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74900JK2012PTC003760

Company & Directors' Information:- S A R C ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209285

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- K M ASSOCIATES PRIVATE LIMITED [Active] CIN = U55101DL2001PTC110937

Company & Directors' Information:- G L S ASSOCIATES PRIVATE LIMITED [Active] CIN = U70101DL1999PTC102336

Company & Directors' Information:- E K ASSOCIATES PRIVATE LIMITED [Active] CIN = U52311OR1995PTC003828

Company & Directors' Information:- M AND A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054477

Company & Directors' Information:- B R ASSOCIATES PRIVATE LIMITED [Active] CIN = U28181UP1993PTC015740

Company & Directors' Information:- G R C & ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140OR2015PTC018811

Company & Directors' Information:- R T & ASSOCIATES PRIVATE LIMITED [Active] CIN = U74210DL2002PTC115350

Company & Directors' Information:- 3 P' ASSOCIATES PRIVATE LIMITED [Active] CIN = U70200DL2012PTC242811

Company & Directors' Information:- H R ASSOCIATES PRIVATE LIMITED [Active] CIN = U45200DL2012PTC231105

Company & Directors' Information:- M AND W ASSOCIATES PRIVATE LIMITED [Active] CIN = U93090KA2004PTC035154

Company & Directors' Information:- M M S ASSOCIATES PVT. LTD. [Not available for efiling] CIN = U74210RJ1995PTC009405

Company & Directors' Information:- S AND A ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028051

Company & Directors' Information:- D. P. ASSOCIATES PVT. LTD. [Strike Off] CIN = U45203OR1993PTC003418

Company & Directors' Information:- T R J ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032265

Company & Directors' Information:- K B ASSOCIATES LIMITED [Active] CIN = U51909DL1983PLC016142

Company & Directors' Information:- H. J. ASSOCIATES PRIVATE LIMITED [Converted to LLP] CIN = U51219DL1984PTC017269

Company & Directors' Information:- Y P ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC053658

Company & Directors' Information:- S L ASSOCIATES PVT LTD [Active] CIN = U74899DL1980PTC010620

Company & Directors' Information:- M AND N ASSOCIATES PRIVATE LIMITED [Active] CIN = U67120MP1994PTC008890

Company & Directors' Information:- C T ASSOCIATES PRIVATE LIMITED [Active] CIN = U74910MH1996PTC102599

Company & Directors' Information:- B L G ASSOCIATES PVT LTD [Strike Off] CIN = U29220DL1981PTC011731

Company & Directors' Information:- D J AND ASSOCIATES PVT LTD [Active] CIN = U51109AS1994PTC004126

Company & Directors' Information:- R R ASSOCIATES PVT LTD [Active] CIN = U70101WB1987PTC042757

Company & Directors' Information:- R K ASSOCIATES PVT LTD [Active] CIN = U74899DL1980PTC010641

Company & Directors' Information:- K A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC128162

Company & Directors' Information:- M P ASSOCIATES PRIVATE LIMITED [Active] CIN = U51909UP2002PTC026702

Company & Directors' Information:- B R S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC196599

Company & Directors' Information:- B N R ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U70101AS2005PTC007894

Company & Directors' Information:- G M G ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108670

Company & Directors' Information:- E-ASSOCIATES INDIA PRIVATE LIMITED [Active] CIN = U72200KA2006PTC039989

Company & Directors' Information:- S. J. ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45202UP1996PTC021158

Company & Directors' Information:- M M AND ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45101UP1987PTC008758

Company & Directors' Information:- M J ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U70101DL1984PTC018559

Company & Directors' Information:- N N ASSOCIATES PRIVATE LIMITED [Under Process of Striking Off] CIN = U25199TN1980PTC008508

Company & Directors' Information:- A J ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC031458

Company & Directors' Information:- R G ASSOCIATES PVT LTD [Strike Off] CIN = U70101WB1982PTC034627

Company & Directors' Information:- C S AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U45201TZ2005PTC011859

Company & Directors' Information:- K K AND ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC235376

Company & Directors' Information:- M C M ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U72200DL2001PTC112757

Company & Directors' Information:- S H A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45202DL2003PTC120698

Company & Directors' Information:- A D ASSOCIATES PVT LTD [Strike Off] CIN = U74300PB1991PTC011428

Company & Directors' Information:- M V M ASSOCIATES PRIVATE LIMITED [Active] CIN = U33111TN1986PTC013191

Company & Directors' Information:- U S ASSOCIATES PRIVATE LTD [Strike Off] CIN = U74130DL1981PTC012217

Company & Directors' Information:- R. R. P. & ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74140RJ2014PTC045409

Company & Directors' Information:- V. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U36998RJ1994PTC008939

Company & Directors' Information:- C A A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223468

Company & Directors' Information:- L R ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140MH1992PTC066242

Company & Directors' Information:- Z H TOURISM PRIVATE LIMITED [Strike Off] CIN = U63030MH2004PTC145328

Company & Directors' Information:- J. C. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74999UP2011PTC046779

Company & Directors' Information:- A R M ASSOCIATES PRIVATE LIMITED [Active] CIN = U74900JK2012PTC003703

Company & Directors' Information:- R A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U67120CH2003PTC025995

Company & Directors' Information:- D M ASSOCIATES PRIVATE LIMITED [Active] CIN = U70100CH2004PTC026958

Company & Directors' Information:- M M R ASSOCIATES PVT LTD [Strike Off] CIN = U74300DL2001PTC110589

Company & Directors' Information:- S M S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007653

Company & Directors' Information:- V D ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030677

Company & Directors' Information:- W G ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U00000DL1988PTC030330

Company & Directors' Information:- P. T. & ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140DL2006PTC155265

Company & Directors' Information:- V R ASSOCIATES PRIVATE LIMITED [Active] CIN = U70109DL2013PTC246964

Company & Directors' Information:- D B N ASSOCIATES PRIVATE LIMITED [Active] CIN = U15541DL2003PTC118638

Company & Directors' Information:- A G B ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U51393DL2002PTC115685

Company & Directors' Information:- G. V. ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U67190DL2002PTC118104

Company & Directors' Information:- W E ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140MP2008PTC021080

Company & Directors' Information:- G G ASSOCIATES PRIVATE LIMITED [Active] CIN = U93000HR2013PTC050025

Company & Directors' Information:- R L TOURISM PRIVATE LIMITED [Strike Off] CIN = U63020KA2013PTC070668

Company & Directors' Information:- C.P. CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17200GJ2013PTC077268

Company & Directors' Information:- A AND K ASSOCIATES PRIVATE LIMITED [Active] CIN = U45200GJ2012PTC069296

Company & Directors' Information:- M R TOURISM INDIA PRIVATE LIMITED [Active] CIN = U63000GJ2014PTC081635

Company & Directors' Information:- R. H. ASSOCIATES PRIVATE LIMITED [Active] CIN = U29309HR2019PTC079463

Company & Directors' Information:- J. K. ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45203JK1981PTC000505

Company & Directors' Information:- M J ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U00061KA1984PTC005829

Company & Directors' Information:- S AND A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74300DL1992PTC049422

Company & Directors' Information:- A & A ASSOCIATES PVT LTD [Not available for efiling] CIN = U19111WB1973PTC029043

Company & Directors' Information:- D & I ASSOCIATES COMPANY PRIVATE LIMITED [Strike Off] CIN = U74120DL2007PTC166193

Company & Directors' Information:- B M ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155219

Company & Directors' Information:- S C M ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74140OR1989PTC002300

Company & Directors' Information:- B N C ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U17121DL1984PTC018075

Company & Directors' Information:- Y P ASSOCIATES PVT LTD [Not available for efiling] CIN = U91120CH1983PTC005442

Company & Directors' Information:- I D ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037213

Company & Directors' Information:- M M S ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74210MH1999PTC119537

    Rev. Pet. Nos. 84, 85 of 2020

    Decided On, 09 December 2020

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE SANJEEV NARULA

    For the Petitioner: Sangram Patnaik, Swayam Sidha Patnaik, Vaibhav Prabhakar, Advocates. For the Respondents: R1 & R2, Sanyat Lodha, Advocate, Pawan Mathur, Standing Counsel.



Judgment Text

Order (Oral):I.As. 2817-2819/2020 (exemption)1. Allowed, subject to all just exceptions.I.As. 2816-2818/2020 (delay)2. There is a delay of 133 days in filing the review petitions. For the reasons stated in the applications, the delay is condoned.3. The applications are allowed.REV. PET. No. 84/2020 & 85/20204. The present petitions have been filed seeking review of the common judgment and final order dated 03.09.2019 [hereinafter referred to as the ‘Impugned Order’] delivered by this Court in OMP (COMM) 252/2019 and OMP (COMM) 257/2019 filed under section 34 of the Arbitration and Conciliation Act, 1996. The Impugned Order dismissed the challenge made by the Petitioners (i.e. the Review Petitioners herein) to Arbitral Awards dated 06.05.2019 [in OMP (COMM) 252/2019] and dated 05.02.2019 [in OMP (COMM) 257/2019]. The liberty for filing the present review was granted vide common order dated 14.01.2020 of the Division Bench of this Court in FAO(OS)(COMM) 4/2020 and FAO(OS)(COMM) 5/2020, which the Petitioner/Review Petitioner had moved to assail the Impugned Order. Relevant portion of the order dated 14.01.2020 is extracted herein below:“1. The appellant/ITDC has filed the present appeals being aggrieved by a common judgment dated 03.09.2019, passed by the learned Single Judge in OMP (COMM) 252/2019 and 257/2019 filed by it under Section 34 of the Arbitration and Conciliation Act, assailing the Arbitral Award dated 06.02.2019 [subject matter of OMP(COMM) 257/2019] and Arbitral Award dated 05.02.2019 [subject matter of OMP(COMM) 252/2019].2. Mr. Patnaik, learned counsel for the appellant/ITDC commences his arguments by referring to para 6 of the impugned judgment and states that the appellant/ITDC had assailed the Award passed by the Arbitral Tribunal on three counts, namely, recovery of liquidated damages due to delay in supply of furniture, obligations cast on the respondent under the MOD's dated 07.07.2010 and 31.07.2010 and the payment of material lying in the warehouse adjoining the project site. However, the learned Single Judge has erred in not dealing with the grounds taken to assail the impugned Award on the last head, though arguments were duly advanced on the aforesaid aspect before the learned Single Judge.3. In view of the submission made hereinabove, we have enquired from learned the counsel for the appellant/ITDC as to whether any steps were taken to invoke the review jurisdiction of the court and point out the aforesaid error, which as per him, is an error apparent on the face of the judgment. Learned counsel concedes that no such steps have been taken so far and requests for some time to file a review petition in this regard.4. At the request of the counsel for the appellant, preliminary arguments on the present appeals are deferred for 23.04.2020.5. It is made clear that while granting liberty to the appellant/ITDC to file the review application, we have not made any observations on the merits/demerits or the maintainability of the review application proposed to be filed by it. It is left to the learned Single Judge to consider the review petition as and when the same is filed by the appellant/ITDC and decide the same in accordance with law.”5. Mr. Sangram Patnaik, learned counsel for the Review Petitioner submits that in the Impugned Order, while deciding the objection petitions, this Court specifically took note of the issues raised before the sole arbitrator in the Arbitral Award(s), and extracted the same at paragraph number 6 of the Impugned Order, but failed to deal with the same. The same is reproduced as follows:“6. On 28th September 2012, learned Arbitrator entered upon reference. Petitioner urged before the Arbitrator that since Respondent No. 2 is a party to the MoU, he should also be made a party to the proceedings. On 24 October 2013, Respondent No. 2 filed an application for impleadment and the same was allowed. During the arbitral proceedings, Petitioner objected to separate Statement of Claims being filed by Respondent No. 1 and 2. The objection was sustained and the Learned Arbitrator directed Respondent No. 2 to file a joint Statement of Claim along with Respondent No. 1. On the basis of Pleadings of the parties, learned Arbitrator summarized the issues for adjudicating the disputes between the parties, as noted in the impugned award. The same reads as follows:-(A) “Recovery of liquidated damages due to delay in supply of furniture.(B) The Obligation of the Respondent towards the MoU (Memorandum of Understanding) dated 07.07.2010 & dated 31.07.2010 which were entered into between M/s C. P. Associates (the Claimant) through its Managing Director Sh. Chander Pal Singh Sisodia and M/s IET (M/ s India Exports Today) through Sh. Rajiv Kumar Saxena proprietor of M.s India Exports Today in the presence of the officers of ITDC (India Tourism Development Corporation Ltd.)(C) Payment of the material (including the rent of the warehouses, their watch & ward, expenditure on insurance etc.) which is lying in the warehouses at Nangal Dewat adjoining the project site at Vasant Kunj New Delhi.”6. Mr. Patnaik argues that as the issue enumerated at paragraph number 6(C) above has not been traversed by this Court in the Impugned Order, therefore, he stresses that this Court has erred in not dealing with the grounds urged in the objection petitions to assail the arbitral awards on the above-noted issue. He further submits that he had agitated the grounds urged in the petition in respect of the said issue, while addressing oral arguments. To support his submissions, he refers to the grounds raised in the petitions. He urges that this court dealt with only two issues, and the main issue viz paragraph 6(C) has been overlooked. However, he candidly admits that in the written submissions filed before this Court, after the conclusion of the oral arguments, no contentions were advanced or raised on the said issue. He submits that this was an inadvertent mistake or oversight on his part, and, as a matter of fact, contentions on the said issue were advanced before this Court. Mr. Patnaik also sought to make submissions on the merits of the said issue.7. Mr. Sanyat Lodha, Advocate for Respondents No. 1 and 2, and Mr. Pawan Mathur, learned standing counsel for Respondent-DDA, strongly oppose the present petitions and raise a preliminary objection regarding the maintainability of the review petitions. They submit that there is no error apparent in the Impugned Order and that the Petitioner’s plea is false, contrary to the record, and should not be entertained. Mr. Lodha argues that, as a matter of fact, the grounds relating to the issue enumerated at paragraph number 6(C) above were given up , never urged during the course of the oral arguments. For this precise reason, the written submissions also do not contain any averments on the said issue. He submits that in the written submissions filed by the respondents, a categorical statement has been made to this effect. He further draws support from the observations made by this court in paragraph number 7 of the Impugned Order, which reads as follows:“7. (…) The Petitioner has challenged the findings of the Arbitrator on issue nos. 1 and 2, on the grounds discussed hereinafter.”8. I have heard the learned counsels for the parties at sufficient length. The submissions advanced by Mr. Patnaik with respect to the merits of the issue are not required to be examined, as I find merit in the preliminary objection raised by the respondents qua the maintainability of the Review Petition.9. In my recollection, the Petitioner had not made any oral submissions on the issue enumerated at paragraph number 6(C) and this ground was given up, as contended by Respondent’s counsel. However, as substantial time has lapsed since the matter was last heard, I would not reject the contention of the Petitioner solely on the basis of my memory. Pertinently, in the instant case, since elaborate written submission of the parties are on record, which were filed after the conclusion of the oral arguments, there cannot be any misgivings about what transpired in the Court. The written submissions of the Petitioner are detailed and run into five pages. The opening paragraph spells out the three issues decided by the learned Arbitrator, including the issue enumerated at paragraph number 6(C) above, which is in controversy in the present review petitions. Thereafter, the contentions are summarized under specific heads, which relate to issues enumerated at paragraph numbers 6(A) and 6(B) only. It is thus evident that no contentions were urged with respect to the issue enumerated at paragraph number 6(C). Today, Mr. Patnaik also seeks to contend that the issue enumerated at paragraph number 6(C) is fundamental, and therefore there was no reason for him to give up the same and should be considered afresh by this Court. However, if this was indeed the case, then there was no reason for the Petitioner to have ignored the same in their written submissions. The plea that the ground was inadvertently not taken up in the written submissions, is therefore, clearly an afterthought. It is a common practice that the counsels, during the course of arguments, urge only selective grounds and/or give up or not press some of the grounds. Thus, the only plausible reason for the Petitioner not making any written submissions in this regard, is that during the course of the oral arguments, the grounds regarding the issue enumerated at paragraph number 6(C) above were not pressed. Further it is also significant to note that the written submissions filed by the respondents also make a mention of the hearings dated 05.07.2019 and 09.07.2019, in the following terms:“3. At the outset, it is submitted that the present written submissions are being filed opposing the captioned Petitions in their entirety and no part of the challenge sought to be made by way of the captioned Petitions may be deemed to have been admitted by the Respondents herein for the sake of specific denial or traversal. However, in the hearings dated 05.07.2019 and 09.07.2019 respectively in the captioned petitions before this Hon'ble Court, the Petitioner had sought to challenge the awards on the following premise:3.1. That the Awards suffer from non-joinder of necessary party inasmuch as the DDA was not impleaded as a party during the arbitral proceedings.3.2. That the Awards in favour of Respondent No. 2 were erroneous inasmuch as Respondent No. 2 not being a party to the Arbitration Agreement could not have been impleaded as a party in the arbitral proceedings on the basis of the MoU between Respondent No. 1 and Respondent No. 2.3.3. That the finding of delay on the part of the ITDC was erroneous and that the delay was on the part of the Respondents in supplying the furniture. In that view, the counter claim filed by ITDC was erroneously rejected by the Ld. Arbitrator.”(Emphasis supplied)10. Further, in paragraph number 4 of the said written submissions, the respondents have categorically stated that apart from the contentions urged in the written submissions, the remaining

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grounds raised therein have not been argued before this Court and would be deemed to have been given up by the Petitioner. The respondent also did not give any response to the same in their written submissions. The said paragraph reads as under:-“4. It is submitted that the present written submissions, apart from placing the settled position of law on the scope of interference with an arbitral award under Section 34 of the Act before this Hon'ble Court, seeks to deal with the aforementioned contentions raised by the Petitioner in particular. It is submitted that the remaining grounds as sought to be raised in the Petition, not having been argued before this Hon'ble Court, may be deemed to have been given up by the Petitioner. It is submitted that the same deserve no response, and are accordingly not being specifically dealt with in the present written submissions.”(Emphasis supplied)11. In this factual background, as the Petitioner had given up the grounds relating to issue 6(C), as noted above, the Petitioner cannot invoke the review jurisdiction of this Court to urge that it is an error apparent on the face of the record. Therefore, there is no merit in the present review petitions. Accordingly, the same are dismissed.
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