MUNICIPAL CORPORATION OF DELHI vs M/S ALMASS INDIA

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20.03.2025 EFA(COMM) 12/2024 CM APPL. 66669/2024 MUNICIPAL CORPORATION OF DELHI .....Appellant Through: Ms Jagrati Singh, SC, Ms Rajpal, Mr Surender Kumar and Mr Praveen Kumar and Ms Vani Sharma, Advocates for MCD. versus M/S ALMASS INDIA .....Respondent Through: Mr G C Pandey, Advocate for M/s.Almass India. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. The appellant [MCD] has filed the present appeal, inter alia, impugning an order dated 23.04.2024 passed by the learned Commercial Court whereby the Commercial Court had declined the appellant’s prayer for enforcement of an arbitral award dated 20.01.2020 [impugned award] on the ground that it was rendered by an arbitrator, who was appointed unilaterally by the MCD without concurrence or consultation of the respondent. 2. The learned Commercial Court following the decision of this court in Kotak Mahindra Bank Ltd. v. Narendra Kumar Prajapat: Neutral Citation No.: 2023:DHC:3705-DB had rejected MCD’s application [being 13EX439/20] captioned North Delhi Municipal Corporation v. M/s Almass EFA(COMM) 12/2024 2020. 3. On 07.11.20