M/S Cascade Enterprises vs M/S Purearth Infrastructure Limited on 21 September, 2020

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Delhi High Court - Orders

M/S Cascade Enterprises vs M/S Purearth Infrastructure Limited on 21 September, 2020

Bench: Rekha Palli

                      $~11
                      *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +         OMP (ENF.) (COMM.) 95/2020
                                M/S CASCADE ENTERPRISES                  ..... Decree Holder
                                             Through: Through: Mr. Ashish Dholakia,
                                             Mr. Amit Kumar Singh and Mr. Apratim Animesh
                                             Thakur, Advs.

                                                    versus

                                M/S PUREARTH INFRASTRUCTURE LIMITED
                                                                     ..... Judgement Debtor
                                              Through: Mr. Gaurav Mitra, Adv.

                                CORAM:
                                HON'BLE MS. JUSTICE REKHA PALLI
                                              ORDER

% 21.09.2020 E.A.938/2020 (exemption)

1. Allowed, subject to all just exceptions. E.A.939/2020 (exemption)

2. The applicant will file the requisite affidavits and court fees within two weeks of the normal functioning of the Court being restored.

3. The application is disposed of.

OMP (ENF.) (COMM.) 95/2020

4. The present petition under Section 36 of the Arbitration and Conciliation Act, 1996 ('the Act') seeks enforcement of the award dated 25.05.2019.

Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:21.09.2020 09:24

5. Learned counsel for the decree holder submits that though the judgment debtor's challenge to the award under Section 34 of the Act is pending before this Court by way of OMP (Comm.) 429/2019, the award has not been stayed by this Court. He further submits that the judgment debtor has, however, paid a principal amount of INR 91,45,834/- to the Decree Holder and therefore, the balance amount of INR 44,00,000/- as also costs of INR 5,00,000/- along with upto date interest are still payable by the judgment debtor.

6. Issue notice. Mr. Gaurav Mitra, Advocate accepts notice on behalf of the judgment debtor. He prays for and is granted four weeks' time to file a reply. Rejoinder thereto, if any, within two weeks thereafter.

7. The judgment debtor is also directed to file its affidavit of assets as per Form 16A Appendix E under Order XXI Rule 41 (2) of the Code of Civil Procedure, 1908. Response, if any, by the decree holder to this be filed within two weeks thereafter.

8. At request, list on 02.12.2020.

REKHA PALLI, J.

SEPTEMBER 21, 2020 'sdp' Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:21.09.2020 09:24

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Delhi High Court - Orders