Delhi High Court - Orders
Continental Engineering Corporation vs Sugesan Transport Pvt. Ltd on 3 December, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 395/2020
CONTINENTAL ENGINEERING CORPORATION ..... Petitioner
Through Mr.Anil Kher, Sr.Adv with Mr.Kunal
Kher, Adv.
versus
SUGESAN TRANSPORT PVT. LTD ..... Respondent
Through Mr.Udian Sharma with Mr.Shivam
Singh, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 03.12.2020 I.A. 11359/2020
1. Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 395/2020
2. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs:-
"(a) Pending the hearing and final disposal of the present Petition and the execution proceedings of the arbitral award and till the time the arbitral award dated 22.10.2020 is executed in accordance with Arbitration and Conciliation Act 1996 , the Hon'ble Court may be pleased to direct the Respondent to deposit the awarded amount of Rs 2,67,09,089 /
- before this Hon'ble Court or in the alternative, furnish a bank guarantee of equivalent amount, to enable the Petitioner to secure the said awarded amount of Rs. 2,67 ,09 ,089 /- ;
(b) Pending the hearing and final disposal of the present Petition and the execution proceeding pertaining to the arbitral award dated 22.10. 2020 and till the time the arbitral award dated 22.10.2020 is enforced in accordance with Arbitration and Conciliation Act 1996, this Hon hie Court may be pleased to direct the Directors and key personnel of the Respondent not to leave the jurisdiction of this Hon'ble Court , Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:04.12.2020 11:21:16 without due permission of this Hon'ble Court;
(c) Restrain the Respondent from creating or alienating, encumbering, disposing off etc. in any manner either directly or through its agents, assigns, servants etc. all their movable, immovable properties;
(d ) For interim and ad -interim reliefs in terms of prayer clause (a) to ( c) above ;
(e) Award the costs of the present Petition ; and"
3. Learned senior counsel for the petitioner submits that vide an award passed in favour of the petitioner on 22.10.2020, the petitioner has been held entitled to receive a sum of Rs.2,67,09,089/- from the respondent. It, however, has a genuine apprehension that the respondent, which is already facing financial difficulties, will dispose of its assets so as to frustrate the petitioner's claim and render the award a mere paper decree. He, therefore, prays that the respondent be directed to file an affidavit setting out its assets which it owned on the date of passing of the award and as on date.
4. Issue notice. Learned counsel for the respondent accepts notice. He prays for and is granted four weeks' time to file reply. Rejoinder thereto, if any, be filed within two weeks thereafter.
5. The respondent is also directed to file its affidavit of assets in terms of Form 16 A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure, 1908, as existing on 22.10.2020 and as existing on date, within a period of four weeks. Response, thereto, if any, be filed within three weeks thereafter.
6. At request, list on 25.02.2021.
DECEMBER 3, 2020/sr REKHA PALLI, J. Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:04.12.2020 11:21:16