Delhi High Court - Orders
M/S. Pma Construction Co vs M/S. Ntpc Ltd on 23 February, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 68/2022
M/S. PMA CONSTRUCTION CO. ..... Decree Holder
Through: Mr. Pawan Kumar Mittal, Adv.
versus
M/S. NTPC LTD. ..... Judgement Debtor
Through: Mr. Adarsh Tripathi, Mr.
Vikram Singh Baid & Mr.
Ajitesh Garg, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 23.02.2023
1. The instant Enforcement Petition has been instituted in respect of an award which was rendered on 16 September 2020. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 [the Act] came to be dismissed on 07 July 2021.
2. The Court is apprised that although an appeal under Section 37 of the Act was preferred thereafter the same was withdrawn. However, on a Civil Miscellaneous Writ Petition which came to be filed, the order passed on the Section 34 petition came to be quashed and set aside in terms of an order dated 18 November 2022 and the matter remanded to the Section 34 court.
3. Notwithstanding the above and since as of today no restraint operates in respect of the award, let the Respondent deposit the entire amount payable in terms thereof along with up-to-date interest with the Registrar General of the Court within a period of four weeks from today. The aforesaid deposit shall be without prejudice to the rights and contentions of the Respondent in the Section 34 petition which Signature Not Verified now stands restored.
Digitally Signed By:NEHA Signing Date:24.02.2023 18:44:494. Let the matter be called again to review progress on 21.04.2023.
YASHWANT VARMA, J FEBRUARY 23, 2023 rsk Signature Not Verified Digitally Signed By:NEHA Signing Date:24.02.2023 18:44:49