Delhi High Court - Orders
Ircon International Ltd vs Department Of Health Research on 26 July, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 154/2022
IRCON INTERNATIONAL LTD. .....Decree Holder
Through: Mr. Udit Seth and Mr. Roshan
Roy, Advs.
versus
DEPARTMENT OF HEALTH RESEARCH
...Judgment Debtor
Through: Ms. Monika Arora, CGSC with
Mr. Subrodeep Saha, Advs. for UOI/R-1
Mr. Prasanta Varma, SCGC for UOI with
Ms. Prativarani Varma, Ms. Pragya Verma,
Mr. Rakesh Kumr Palo, Mr. Rajesh Palo,
Mr. Devendra Singh and Mr. Mayank
Kumar Verma, Advs. for BMHRC
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 26.07.2024 EX.APPL.(OS) 477/2023 (under Order I Rule 10 of the CPC)
1. This is an application by the Bhopal Memorial Hospital and Research Centre (BMHRC) under Order I Rule 10 of the Code of Civil Procedure 1908 (CPC) for being impleaded in the present execution proceedings.
2. The execution petition seeks execution of a money award. The parties to the arbitral proceedings were the petitioner, IRCON International Ltd. and respondent, the Department of Health Research OMP (ENF.) (COMM.) 154/2022 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/07/2024 at 23:52:24 (DHR).
3. Mr. Verma, learned Counsel for the applicant BMHRC, has drawn my attention to a notification dated 10 April 2017 issued by the applicant BMHRC as well as a communication dated 10 April 2017, from the DHR to the BMHRC. He submits that these communications indicate that the dispute was initially between the petitioner and the BMHRC.
4. Mr. Verma does not dispute the fact that the BMHRC was well aware of the arbitral proceedings. Nonetheless, it never chose to move any application in the arbitral proceedings to implead itself as a party. The arbitral proceedings, therefore, proceeded between the petitioner and the respondent DHR in the full awareness of BMHRC.
5. The award is in the nature of a money award, and is not directed against any property.
6. In that view of the matter, the only necessary party in these execution proceedings is the respondent DHR, on whom entirely lies the responsibility of satisfying the award.
7. There is, therefore, no justification, whatsoever, to allow the BMHRC to intervene in the present execution proceedings.
8. The application is dismissed.
OMP (ENF.) (COMM.) 154/2022 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/07/2024 at 23:52:24 EX.APPL.(OS) 628/2023 (extension of time for depositing the amount)
9. This is an application by the BMHRC for extension of time to deposit the arbitral amount covered by the arbitral award. The arbitral award does not direct any deposit by the BMHRC. The award is against the respondent DHR. By the order passed today, I have also dismissed the application of the BMHRC to be impleaded in these proceedings.
10. Accordingly, this application is also dismissed.
EX.APPL.(OS) 629/2023(condonation of delay of two days in refiling)
11. This application does not survive for consideration in view of the orders passed today.
OMP (ENF.) (COMM.) 154/2022
12. Ms. Monika Arora, learned Central Government Standing Counsel for the respondent DHR, seeks and is granted four weeks' time to deposit arbitral amount with the Registry of this Court
13. Renotify on 10 September 2024.
14. It is made clear that, by the order passed hereinabove, this Court has only examined the entitlement of the BMHRC to intercede in the present execution proceedings and the order should not be seen as OMP (ENF.) (COMM.) 154/2022 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/07/2024 at 23:52:24 stating anything beyond that.
C. HARI SHANKAR, J.
JULY 26, 2024 dsn Click here to check corrigendum, if any OMP (ENF.) (COMM.) 154/2022 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/07/2024 at 23:52:25