M/S ZHEJIANG BONLY ELEVATOR GUIDE RAIL MANUFACTURE CO. LTD. vs M/S JADE ELEVATOR COMPONENTS & ORS.

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd MARCH, 2025 IN THE MATTER OF: + O.M.P.(I) (COMM.) 429/2024, I.A. 2498/2025, I.A. 2499/2025 M/S ZHEJIANG BONLY ELEVATOR GUIDE RAIL MANUFACTURE CO. LTD. .....Petitioner Through: Mr. Mudit Sharma, Ms. Nandini Sharma and Mr. Abhishek Rathi, Advocates. versus M/S JADE ELEVATOR COMPONENTS & ORS. .....Respondents Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Arunan Patnaik, Ms. Bhabna Das, Ms. Aanchal Tikmani, Mr. Nirbhay Nanda, Mr. Vishnu Kant, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) 1. This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996, post passing of the arbitral award dated 10.11.2024 by which the Petitioner has been awarded USD 10,28,727.90 along with interest @ 11 p.a. from the due date of payment till the date of award and further interest @ 9% p.a. from the date of the award till realization of the amount in terms of the award. Signature Not Verified Digitally Signed Page 1 of 25 O.M.P.(I) (COMM.) 429/2024 By:RAHUL SINGH Signing Date:06.03.2025 20:14:51 2. Notice in the present Petition was issued on 20.12.2024. The Respondents have filed a Petition under Section 34 of the Arbitration and Conciliation Act, 1996, before the High Court of Gujarat at Ahemdabad challenging the award dated 10.11.2024 on 24.01.2025, which was after the Respondents were served with the notice in the present Petition under Section 9 of the Arbitration and Conciliation Act. Response has been filed and a preliminary objection has been raised by the Respondents in their counter, that this Court does not have the territorial jurisdiction to entertain the present Petition which is being adjudicated by the Court in the procedural order. 3. Shorn of unnecessary det