Delhi High Court - Orders
M/S Mbl Infrastructures Ltd vs Telecommunication Consultants India ... on 16 July, 2020
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~10 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. 782/2013 & I.A. 5696/2020
M/S MBL INFRASTRUCTURES LTD. ... Petitioner
Through: Ms. Anusuya Salwan, Ms.
Nikita Salwan, Mr. Bankim
Garg and Mr. Chaitanya Bansal,
Advs.
versus
TELECOMMUNICATION CONSULTANTS INDIA LTD. &
ANR. ... Respondents
Through: Mr. Ratan K. Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 16.07.2020
(video conferencing)
I.A. 5696/2020 (for directions) in O.M.P. 782/2013
1. This application, preferred by the petitioner, seeks release of an amount of ₹1,61,47,491/-, deposited in the form of an FDR, with this Court, alongwith interest accrued thereon.
2. I.A. 1425/2020, which contains an identical prayer, is pending before this Court. Notice was issued, on the aforesaid I.A. 1425/2020, on 11th February, 2020. A reply, to the application, stands filed by the respondent and Ms. Salwan, learned Counsel for the petitioner O.M.P. 782/2013 Page 1 of 3 undertakes to file a rejoinder thereto before the next date of hearing.
3. Ms. Salwan justifies the filing of I.A.5696/2020, though the prayer is similar to that in I.A. 1425/2020 on the ground that, between the two applications, the respondent had moved an application under Section 33 of the Arbitration & Conciliation Act, 1996, before the learned Arbitral Tribunal, which stands rejected, though Mr. Ratan Kumar Singh submits that the application was partly allowed.
4. Be that as it may, it would be appropriate that the present application is taken up along with I.A.1425/2020.
5. In the circumstances, issue notice.
6. Mr. Ratan Kumar Singh accepts notice and undertakes to file a reply to this application at least twenty four hours in advance of the next date of hearing. Ms. Salwan submits that she would not need to file any rejoinder thereto and that the rejoinder which she proposes to file in I.A. 1425/2020 may be treated as the rejoinder in both these applications.
7. I.A. 1425/2020 stands presently adjourned to 11th September, 2020, alongwith other matters which were listed on the last date when it was to come up for hearing, following the procedure adopted by this Court in respect of cases coming up during the currency of the COVID-2019 pandemic.
8. In the circumstances, let I.A.1425/2020 be listed alongwith the present application on 22nd July, 2020, when both these applications O.M.P. 782/2013 Page 2 of 3 would be taken up for hearing.
C. HARI SHANKAR, J.
JULY 16, 2020/kr O.M.P. 782/2013 Page 3 of 3