Cross Challenges U/S. 34 Of Arbitration Act- Delhi HC Advises Registry To Devise System To Ensure Listing Before Same Bench

In order to avoid confusion, the Delhi High Court has advised it's Registry to devise of system to maintain records of the cross challenges to awards under sec. 34 of the Arbitration and Conciliation Act so as to ensure that they are listed before the same bench. 

Observing that the cross challenges to awards were being put up by the Registry before different Benches, Justice C Hari Shankar passed the order to ensure that the unnecessary delay is avoided in such matters.

"This creates confusion, as the Court has to then direct that the matters be consolidated before any one Bench and also makes it necessary to adjourn the matter," the Court said.

"It would be advisable that the Registry devices a system by which it maintains a record of challenges to awards so that cross challenges to the award are listed before the same Bench and unnecessary delay is avoided," it added. 

The development came in a plea concerning challenge to an arbitral award between Picasso Digital Media Pvt Ltd and Pick A Cent Education And Consultancy Services Pvt Ltd.

During the course of hearing, Advocate Bharath Babu appearing for the respondent submitted that the impugned award was also under challenge before a coordinate Bench of Justice Vibhu Bakhru on 9th December, 2021.

"Accordingly, list on 9th December, 2021, before Hon'ble Mr. Justice Vibhu Bakhru, subject to orders of Hon'ble the Judge-in-Charge (Original Side)," the Court directed. 

The Court also added that a copy of the order be marked to the Registrar General to ensure compliance as best as possible.

Advocates Ravi Ranjan and Preeti appeared on behalf of Picasso Digital Media Pvt Ltd whereas Advocates Nishant Gaurav Gupta and Bharath Babu appeared for Pick A Cent Education And Consultancy Services Pvt Ltd.

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