Cobra Instalaciones Y Servicios, S.A ... vs Haryana Vidyut Prasaran Nigam ... on 2 August, 2022

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Delhi High Court - Orders

Cobra Instalaciones Y Servicios, S.A ... vs Haryana Vidyut Prasaran Nigam ... on 2 August, 2022

1. These five enforcement proceedings arise out of arbitral awards dated 29.07.2020. OMP (ENF.) (COMM.) 59/2021 is in respect of one award, and OMP (ENF.)(COMM.) 60-63/2021 are in respect of a separate award, common to four arbitration proceedings.

2. The decree holder was the claimant in all the arbitration proceedings. As the learned arbitrator had allowed the claims of the decree holder partially, and rejected the other claims, both the parties filed petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"] against each of the awards. As far as the first award is concerned [which is sought to be enforced in OMP(ENF.)(COMM) 59/2021], the learned Single Judge of this Court, vide a judgment dated 25.04.2022 in OMP (COMM) 8/2021 and OMP (COMM) 597/2020, has partially allowed the petition of the judgment debtor herein, to the extent that the award on account of liquidated damages has been set aside. Against this judgment dated 25.04.2022, the decree holder has filed an Signature Not Verified Digitally signed By: JUSTICESHITU NAGPAL Signing Date:04.08.2022 12:55:26 O.M.P.(ENF.)(COMM.) 59/2021 & Connected Matters Page 2 of 4 appeal under Section 37 of the Act [FAO (OS) (COMM) 195/2022] which remains pending.

3. As far as the awards under enforcement in OMP (ENF.)(COMM.) 60-63/2021 are concerned, the four petitions filed by the judgment debtor [OMP(COMM) 4-7/2021] have been dismissed by a judgment of this Court dated 06.05.2022. The four petitions under Section 34 of the Act, filed by the decree holder herein, have also been dismissed by a separate judgment of the same date [OMP (COMM) 598-601/2020]. Learned counsel for the decree holder states that he also intends to file an appeal against the said judgment, in so far as the rejection of its petitions is concerned.

4. Ms. Iti Agarwal, learned counsel for the judgment debtor, however, clarifies that the judgment debtor does not intend to file appeals against any of the judgments rendered in these petitions under Section 34 of the Act.

5. In these circumstances, as far as the liability of the judgment debtor in OMP(ENF.)(COMM) 60-63/2021 are concerned, the said awards have attained finality. If at all the decree holder succeeds in its appeal, that will be in respect of its claim for additional amounts to be awarded in its favour. The award under enforcement in OMP(ENF.)(COMM.) 59/2021 stands on a slightly different footing as part of the award in favour of the decree holder has been set aside by the learned Single Judge.

6. In view of the fact that the awards under enforcement in OMP(ENF.)(COMM) 60-63/2021 are no longer under challenge by the judgment debtor, it is directed that the amounts deposited in respect of these four enforcement proceedings will be released by the Registry in Signature Not Verified Digitally signed By: JUSTICESHITU NAGPAL Signing Date:04.08.2022 12:55:26 O.M.P.(ENF.)(COMM.) 59/2021 & Connected Matters Page 3 of 4 favour of the decree holder without prejudice to the rights and contentions of the parties in pending proceedings.

7. The parties are directed to exchange their computation in respect of the amounts due to the decree holder under each of the awards. There is some dispute as to the date until which the interest would be calculated. Having regard to the fact that, by virtue of interim orders passed in these enforcement proceedings, the respondent was called upon to deposit the awarded amount in Court, Ms. Agarwal submits that the interest would stop running on the date the judgment debtor has deposited the amount in Court. Mr. Pankaj Kumar Singh, learned counsel for the decree holder disputes this position, and submits that interest would continue to run at the rate contained in the award as the decree holder was not permitted to withdraw the amount without security. Learned counsel for both sides seek time to address further on this aspect on the next occasion with reference to any applicable case laws.

8. Both parties will attempt to reconcile their respective computation before the next date of hearing. In the event of any outstanding issues, those can also be addressed on the next date of hearing. Affidavit be filed by the decree holder with the relevant computation within four weeks, and by the judgment debtor within two weeks thereafter.

9. List on 12.10.2022.

PRATEEK JALAN, J AUGUST 2, 2022 'pv'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By: JUSTICESHITU NAGPAL Signing Date:04.08.2022 12:55:26 O.M.P.(ENF.)(COMM.) 59/2021 & Connected Matters Page 4 of 4

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Delhi High Court - Orders