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202//2021 Grim-Tech Projects (I) Pvt. ... vs Aneja Construction (India) Limited on 7 February, 2022

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                          $~4 (2020)
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      OMP (ENF.) (COMM.) 124/2020 & EX. APPL. (OS) 1135/2020,
                                 EX. APPL. (OS) 20/2021, EX. APPL. (OS) 75/2021 CRL. M.A.
                                 202//2021

                                 GRIM-TECH PROJECTS (I) PVT. LTD.           ..... Decree Holder
                                                   Through Mr M.R. Shamshad, Mr Arijit Sarkar, Ms
                                                   Nabeela Jamil, Advocates.

                                                   versus

                                 ANEJA CONSTRUCTION (INDIA)
                                 LIMITED                            ..... Judgement Debtor
                                             Through Mr S.K. Jain, Mr Akshu Jain, Ms Stuti
                                             Jain, Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE VIBHU BAKHRU
                                         ORDER

% 07.02.2022 [Hearing held through videoconferencing]

1. This is a petition filed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act') seeking to enforce an arbitral award dated 30.05.2019. In terms of the said award, the Judgment Debtor (the respondent) is liable to pay a sum of ₹1,00,07,985/- along with interest at the rate of 12% per annum with effect from 21.07.2016. In addition, the respondent is also liable to pay sum of ₹2,15,00,000/- (Two Crores Fifteen Lakhs) along with interest at the rate of 6% per annum interest.

2. Mr Jain, learned counsel appearing for the respondent submits that since the respondent's petition under Section 34 of the A&C Act is pending before this Court [OMP (COMM) 464/2019)], enforcement of the award be deferred.

3. Mr Shamshad, learned counsel appearing for the Decree Holder (the petitioner) points out that although, the respondent has filed a petition under Section 34 of the A&C Act, the learned counsel for the respondent has confined his arguments only to the jurisdiction of the Arbitral Tribunal; measure of the damages quantified at ₹2,15,00,000/- for idling of machinery; and, for award of compound interest.

4. The respondent's contention that there was no Arbitration Agreement between the parties was rejected by this Court by appointing the Arbitrator under Section 11 of the A&C Act. The SLP against the said order dated 10.04.2017 passed in ARB. P. 98/2017 was dismissed by the Supreme Court by an order dated 18.08.2017. The Arbitral Tribunal had also examined this question and not found any merit in the contentions advanced by the respondent. Thus, notwithstanding that the respondent's petition under Section 34 of the A& C Act is pending, this Court considers it apposite to direct the respondent to deposit a sum of ₹1,00,07,985/- along with interest at the rate of 12% per annum from 21.07.2016 till the date of deposit, with the Registry of this Court.

5. Insofar as the amount of ₹2,15,00,000/- awarded by the Arbitral Tribunal is concerned, the contentions raised by the respondent are substantial and therefore, at this stage no order is being passed for deposit of Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:09.02.2022 the said amount.

6. The respondent shall deposit the amount as directed above within a period of three weeks with the Registry of this Court.

7. List on 10.03.2022.

VIBHU BAKHRU, J FEBRUARY 7, 2022 pkv Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:09.02.2022