Delhi High Court - Orders
Power Mech Projects Ltd vs Sepco Electric Power Construction ... on 17 May, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 523/2017
POWER MECH PROJECTS LTD. ..... Petitioner
Through: Mr. Arvind Nigam, Sr. Adv. with Mr.
Dharmesh Mishra & Mr. Prateek
Gupta, Advs.
versus
SEPCO ELECTRIC POWER
CONSTRUCTION CORPORATION ..... Respondent
Through: Mr. Satvik Varma, Sr. Adv. with Mr.
Ranjit Prakash, Ms. Apara Mahishi,
Ms. Drishti Harpalani & Mr. Varun
Chopra, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 17.05.2022 IA No.4061/2022
1. Mr. Sharma, learned senior counsel appearing for the respondent, states that the order dated 14.03.2022 has been complied with and the Bank Guarantee furnished by the respondent has been accepted and verified.
2. The Registry shall ensure that the Bank Guarantee is renewed from time to time till further orders.
3. It is clarified that in the event the Bank Guarantee is not renewed four weeks prior to the expiry of its term, the same shall be encashed without further orders of this Court.
4. The application is disposed of.
O.M.P.(I) (COMM.) 523/2017
5. The learned counsels for the parties point out that a typographical error has crept in the order dated 19.04.2022 inasmuch as in the said order, Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:20.05.2022 the 'petitioner' has been referred as the 'respondent' and the 'respondent' has been referred as the 'petitioner'. The said order is rectified to read as under:
"IA No.3406/2021 (of the petitioner for directions)
1. This Court, by judgment dated 17.02.2020, had made an observation to the effect that the respondent will not be entitled to be heard in its application under Section 34 of the Arbitration & Conciliation Act, 1996 till it complies with the condition of deposit of the awarded amount as directed.
2. The judgment dated 17.02.2020 was appealed by the respondent before the Division Bench of this Court.
3. This Court is informed that the appeal preferred against the judgment dated 17.02.2020 was dismissed and the matter was thereafter carried in appeal to the Supreme Court. It is further informed that arguments in the matter have been heard and judgment has been reserved. However, there is no order staying the judgment dated 17.02.2020.
4. The respondent has not deposited the awarded amount as yet.
5. In view of the above, the hearing of the present petition is deferred till 12.09.2022.
6. The parties are at liberty to apply after the Supreme Court has rendered the decision."
VIBHU BAKHRU, J MAY 17, 2022 'gsr' Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:20.05.2022