Delhi High Court - Orders
Gvk Jaipur Expressway Pvt. Ltd vs National Highways Authority Of India on 13 January, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 181/2021, EX.APPL.(OS)
1286/2021(Deposit Of Awarded Amount )
GVK JAIPUR EXPRESSWAY PVT. LTD.
..... Decree Holder
Through: Mr. Gopal Jain, Sr. Adv. with
Mr. Devashish, Adv.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA
..... Judgement Debtor
Through: None.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 13.01.2023
1. The instant enforcement petition has been preferred in respect of an Award dated 06 February 2020. The record would reflect that although the judgment debtor [J.D.] has preferred a petition under Section 34 of the Arbitration and Conciliation Act, 1996 against the aforesaid Award, no restraint thereon operates.
2. Mr. Jain, learned Senior Counsel who appears for the enforcement petitioner, reiterates the aforesaid position and submits that no order of stay operates and consequently the respondents are obliged to deposit the entire amount as awarded by the Tribunal before this Court.
3. In view of the aforesaid, let the respondent National Highways Authority of India [NHAI] deposit the amount as awarded by the Arbitral Tribunal with the Registrar General of this Court within a period of three weeks from today. The said deposit shall be without prejudice to its rights and contentions in the pending Section 34 petition.
Signature Not Verified Digitally Signed By:NEHA Signing Date:17.01.2023 17:18:174. Let the matter be called again on 21.04.2023.
YASHWANT VARMA, J.
JANUARY 13, 2023/neha Later on, Mr. Shlok Chandra and Mr. Keshav Garg, learned counsels for the J.D. appeared and were apprised of this order.
YASHWANT VARMA, J.
JANUARY 13, 2023 neha Signature Not Verified Digitally Signed By:NEHA Signing Date:17.01.2023 17:18:17