Delhi High Court - Orders
Mahavir Transmission Limited vs Maa Harshiddhi Infra Developers ... on 19 December, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 77/2022
MAHAVIR TRANSMISSION LIMITED ..... Petitioner
Through: None
versus
MAA HARSHIDDHI INFRA DEVELOPERS PRIVATE LIMITED
& ANR. ..... Respondents
Through: Mr. Ashutosh Ghade, Advocate for
R-1
Mr. Rituraj Biswas, Mr. Alok Kumar
and Mr. Rituraj Choudhary,
Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 19.12.2022
1. The instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner seeking the following reliefs:
"a. direct Respondent No. 1 to deposit an amount of Rs. 3,42,89,418/- (Rupees Three Crore Forty Two Lac Eighty Nine Thousand Four Hundred and Eighteen only) with the Ld. Registrar General of this Hon'ble Court.
b. direct Respondent No. 2 i.e. Tripura State Electricity Corporation Limited (TSECL) to deposit Rs. 3,42,89,418/- (Rupees Three Crore Forty Two Lac Eighty Nine Thousand Four Hundred and Eighteen only) from the future payment of Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:20.12.2022 18:41:39 Respondent No.1 before with the Ld. Registrar General of this Hon'ble Court
c) direct the Respondent No. 2 i.e. Tripura State Electricity Corporation Limited (SECL) not to release any payment to Respondent No. 1 during the pendency of the present petition.
d. grant stay on utilization of funds received by Respondent no. 1 from Respondent no. 2. Also direct the Respondent no. 1 to submit its bank statements from April, 2021 till date with this Hon'ble Court.
e. Direct Respondent no. 1 not to alienate or create any third party interest on their office or any fixed assets owned by them and also direct Respondent no. 1 to furnish the list of the assets owned by them with the Hon'ble Court. f. Any other relief, order or direction that this Hon'ble Court may deem fit, proper and necessary in view of the facts and circumstances of the present case."
2. No one has appeared on behalf of the petitioner.
3. Learned counsel appearing on behalf of respondents no. 1 and 2 informed this Court that the petitioner has filed the execution petition i.e. Execution Case No. 05/2022 before the Hon'ble Commercial Court, Atal Nagar, Raipur, Chhattisgarh.
4. Vide order dated 22nd November, 2022, the learned Judge, Commercial Court (District Level), Nava Raipur, Chhattisgarh has passed the following order:
".......In this matter, award was pronounced on 04.12.2021 and subsequently the petition under Section 34 of Arbitration and Conciliation Act has also been dismissed by Hon'ble Delhi High Court on 05.05.2022. This execution is pending since 20.06.2022, but the JD have neither paid any amount nor produced any order regarding stay of execution proceedings. Therefore it is imperative to recover the amount by way of attachment of bank accounts of the JD. Hence it is directed that aforementioned accounts of the JD be attached. A memo be Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:20.12.2022 18:41:39 issued to the Bank Manager, Yes Bank, Raipur to deduct an amount of Rs. 3,60,00,000-00 from these accounts and send to this Court by way of demand draft/bankers cheque on or before the next date of hearing.
Matter is adjourned for written submission by Garnishee and report of the Manager of Yes bank for 09.12.2022."
5. Learned counsel appearing on behalf of respondents no. 1 and 2 placed the copy of the above order dated 22nd November, 2022 before this Court and the same has been taken on record. The aforesaid order has already been complied with.
6. It is submitted that the instant petition may be disposed of in terms of the aforesaid order dated 22nd November, 2022 passed in Execution Case bearing No. 05/2022.
7. Heard learned counsel for the respondents no. 1 and 2 and perused the order dated 22nd November, 2022 passed in the Execution Case No. 05/2022.
8. In view of the above foregoing discussions and submissions, the instant petition stands disposed of.
CHANDRA DHARI SINGH, J DECEMBER 19, 2022 gs/ug Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:20.12.2022 18:41:39