Delhi High Court - Orders
Hindustan Power Projects (P) Limited vs Changzhou Trina Solar Energy Co. ... on 11 April, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 94/2018 & EX.APPL.(OS) 171/2019, 299/2023
HINDUSTAN POWER PROJECTS (P) LIMITED..... Decree Holder
Through: Mr. Pratham Vir Aggarwal and Ms.
Niyati Kohli, Advs.
versus
CHANGZHOU TRINA SOLAR ENERGY CO. LIMITED
..... Judgement Debtor
Through: Mr. Satvik Varma, Sr. Adv. with Mr.
Abhishek Arora and Mr. Tushar
Mudgil, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 11.04.2023 EX. APPL.(OS) 374/2023 (seeking recall of order dated 08.02.2023)
1. This is an application filed by the respondent/judgment debtor under Section 151 of the Code of Civil Procedure, 1908 seeking recall of the order dated 08.02.2023, passed by this court.
2. The order dated 08.02.2023, reads as under: -
" During the course of arguments, it transpires that in E.A. (OS) 568/2021, the applicant/decree holder has sought that the respondent/judgment debtor be restrained from enforcing arbitral awards dated 23.02.2021. It is averred in the said application that the aforesaid arbitral awards dated 23.02.2021 are in contravention of the orders dated 29.05.2017 passed by this Court in Co.Pet.Nos. 584/2014 and 585/2014. It also transpires that the enforcement petition filed by the judgment debtor in respect of the said arbitral awards, is pending before this Court in O.M.P. (EFA) COMM 6/2022.Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:18.04.2023 16:40:15
In the circumstances, it would be appropriate to list this matter along with O.M.P. (EFA) COMM 6/2022.
Accordingly, it is directed that EX.P. 94/2018 and O.M.P. (EFA) COMM 6/2022 be listed together, before the same Bench. Let the matter be placed before Hon'ble the Judge In-Charge for necessary directions in this regard."
3. It is contended by the applicant that the present petition [EX.P. 94/2018] and the enforcement petition [O.M.P. (EFA) COMM 6/2022 ] are separate and distinct legal proceedings arising out of different causes of action. The application proceeds on the premise that vide order dated 08.02.2023, EX.P. 94/2018 has been ordered to be tagged alongwith O.M.P. (EFA) COMM 6/2022.
4. Having perused the application and having heard learned senior counsel for the respondent/judgment debtor, no merit is found in the present application.
5. The present execution petition pertains to a transaction involving supply of Solar Electricity Generating Modules by the respondent/judgment debtor to the petitioner. The same was the subject matter of a settlement agreement dated 08.01.2015 and orders dated 12.01.2015 and 29.05.2017, passed by this Court in Co. Pet. Nos. 584-585/2014.
6. The present execution petition seeks the following prayers:
"a. Record Full and final satisfaction of the obligations of the Decree Holder qua the Judgment Debtor in respect of payment of USD 30,379,115.6 along with USD 956,716 amount of interest leaving nothing payable to the Judgment Debtor in terms of the said Decree. Accordingly, satisfaction may be recorded in respect of said Decree in favor of the Decree Holder under Order XXI Rules 1 and 2 of the Code of Civil Procedure, 1908.
b. Fully and finally record/satisfaction of Judgment Debtor's obligations providing Title Certificates in respect of 18,119,125 W of Solar Electricity Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:18.04.2023 16:40:15 Modules as per Certificates dated 29.01.2015, 03.03.2015, 08.04.2015, 27.05.2015, 08.07.2015, 07.08.2015 and 18.12.2015 in favor of the Decree Holder under the Settlement Agreement dated 08.01.2015.
c. Direct the Judgment Debtor under Order XXI Rule 4 of the Code of Civil Procedure, 1908 to execute Title Documents in favor of Decree Holder for 18,973,500 W of Solar Electricity Modules as per Proforma in Exhibit 'B' thereof along with the Warranty Certificates."
7. During the course of hearing on 08.02.2023, it transpired that there is also an arbitral award in favour of the respondent/judgment debtor and against the present petitioner with regard to the same transaction involving supply of Solar Electricity Generating Modules by the respondent/judgment debtor to the petitioner. The same is the subject matter of O.M.P. (EFA) COMM 6/2022.
8. Vide E.A. (OS) 568/2021, filed by the petitioner, it has been sought as under:
"(i) grant an ad-interim ex-parte injunction against Respondent/judgment debtor, restraining the Respondent/judgment debtor, Trina from enforcing the purported arbitral awards ( ostensibly dated 23.02.2021) against the Applicant in any jurisdiction as the Applicant's obligations under the Settlement Agreement stood fully discharged under the regime of this Hon'ble Court and no liability to Trina remained for Trina to proceed to enforce the purported awards;
(ii) grant an order of permanent mandatory injunction restraining Respondent/judgment debtor, Trina from enforcing the purported arbitral awards (ostensibly dated 23.02.2021) against the Applicant in any jurisdiction as the Applicant's obligations under the Settlement Agreement stood fully discharged under the regime of this Hon'ble Court and no liability to Trina remained for Trina to proceed to enforce the purported awards;
(iii) stay the operation of the purported arbitral awards ostensibly dated 23.02.2021; and Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:18.04.2023 16:40:15
(iv) pass such other order(s) as this Hon'ble Court may deem fit in theinterest of justice."
9. Since the prayers in the aforesaid E.A.(OS)568/2021 pertain to an arbitral award dated 23.02.2021, which are subject matter of O.M.P. (EFA) COMM 6/2022, it was deemed appropriate that the present execution petition alongwith E.A.(OS)568/2021 be considered by the same bench which is seized of O.M.P. (EFA) COMM 6/2022.
10. It was in the aforesaid background that the order dated 08.02.2023 came to be passed.
11. While directing listing of the matters before the same bench, this Court has not expressed any opinion with regard to the prayer sought by petitioner in E.A.(OS)568/2021 nor decided as to whether the present petition [EX.P. 94/2018] is required to be tagged with O.M.P. (ENF) COMM 6/2022, as sought in E.A. No.299/2023. These aspects shall be considered by the concerned bench, on their own merits.
12. In the circumstances, there is no reason to recall the order dated 08.02.2023; the present application is accordingly dismissed.
SACHIN DATTA, J APRIL 11, 2023/ssc Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:18.04.2023 16:40:15