Ongc Petro Additions Limited vs Tecnimont Spa & Anr on 23 March, 2020

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Delhi High Court - Orders

Ongc Petro Additions Limited vs Tecnimont Spa & Anr on 23 March, 2020

Bench: V. Kameswar Rao

                          $~24
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    O.M.P. (COMM.) 424/2020, IAs 3680/2020, 3681/2020, 3682/2020
                               & 3683/2020
                               ONGC PETRO ADDITIONS LIMITED
                                                                                 ..... Petitioner
                                                 Through: Mr. Nakul Dewan, Sr. Adv. with
                                                          Mr. Robin V.S., Mr. Aditya Swarup
                                                          & Ms. Anushka Shah, Advs.
                                          versus

                                TECNIMONT SPA & ANR.
                                                                                        ..... Respondents

                                                    Through:     Mr. Sandeep Sethi, Sr. Adv. with
                                                                 Mr. Rishi Agarwala, Mr. Karan
                                                                 Luthra, Mr. Prateek Gupta & Mr. A.
                                                                 Misra, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                             ORDER

% 23.03.2020 IAs 3681/2020 & 3682/2020 (for exemption) Exemption allowed subject to all just exceptions. The applications stand disposed of.

IA 3683/2020 (for exemption) The prayer as made in the application, is allowed subject to the petitioner filing the complete arbitral record three weeks before the next date of hearing. Application stands disposed of. O.M.P. (COMM.) 424/2020 & IA 3680/2020 (for stay)

1. This is a petition challenging the Award dated January 06, 2020, as corrected on February 11, 2020.

Signature Not Verified Digitally Signed By:ANIL KUMAR Signing Date:23.03.2020 13:24:35

2. The award is by majority members. Mr. Dewan challenges the award on various grounds and presses for the interim relief. He also, on instructions, states that subject to the awarded amounts being paid by the petitioner to the respondents and simultaneously, the respondents furnishing bank guarantee(s) for the said amounts, the operation of the impugned award be stayed.

3. This submission of Mr. Dewan is acceptable to Mr. Sethi, on instructions.

4. Accordingly, the petitioner shall pay to the respondents, the amounts as per the award in five days. The respondents shall simultaneously, on receipt of the amounts, furnish to the petitioner bank guarantee(s) for the amounts received. The bank guarantee(s) shall be kept alive till further orders of this Court. On such payment / receipt of the amounts, the operation of the impugned award dated January 06, 2020 as corrected on February 11, 2020 shall remain stayed.

5. The payment to be made by the petitioner to the respondents, in terms of this order shall be subject to the outcome of this petition.

6. Parties to file their written submission before the next date of hearing with advance copy to the other side.

7. Renotify on 24th September, 2020.

Dasti.

V. KAMESWAR RAO, J MARCH 23, 2020/ak Signature Not Verified Digitally Signed By:ANIL KUMAR Signing Date:23.03.2020 13:24:35

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Delhi High Court - Orders