Bhayana Builders Pvt. Ltd vs Chintels India Ltd on 1 September, 2022

[Cites 1, Cited by 0]

Delhi High Court - Orders

Bhayana Builders Pvt. Ltd vs Chintels India Ltd on 1 September, 2022

Bench: Prateek Jalan

$~27 and 28
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+      OMP (ENF.) (COMM.) 174/2019

       BHAYANA BUILDERS PVT. LTD.                 ..... Decree Holder
                    Through: Mr. Rajiv Nayar & Mr. Saurabh
                               Kirpal, Senior Advocates with Ms.
                               Manmeet Kaur, Ms. Anjali
                               Dwiwedi, Mr. Chandan Malav and
                               Ms. Gaurangi Khanna, Advocates.
                           versus
       CHINTELS INDIA LTD.                  ..... Judgement Debtor
                    Through: Mr. Arshdeep Singh, Ms. Vishakha
                               Gupta, Mr. Harsh Shrivastava, Mr.
                               Navneet Yadav, Advocates.
28.
+      OMP (ENF.) (COMM.) 175/2019

       BHAYANA BUILDERS PVT. LTD.                  ..... Decree Holder
                     Through: Mr. Rajiv Nayar & Mr. Saurabh
                                Kirpal, Senior Advocates with Ms.
                                Manmeet Kaur, Ms. Anjali
                                Dwiwedi, Mr. Chandan Malav and
                                Ms. Gaurangi Khanna, Advocates.
                            versus
       CHINTELS INDIA LTD.                   ..... Judgement Debtor
                     Through: Mr. Arshdeep Singh, Ms. Vishakha
                                Gupta, Mr. Harsh Shrivastava, Mr.
                                Navneet Yadav, Advocates.

CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
                     ORDER

% 01.09.2022 EX.APPL.(OS) 857/2020 in OMP (ENF.) (COMM.) 174/2019

1. This is an application seeking condonation of delay in filing of the OMP (ENF.) (COMM.) 174/2019 & OMP (ENF.) (COMM.) 175/2019 Page 1 of 3 affidavit of assets.

2. For the reasons stated in the application, it is allowed, and the application is disposed of.

EX.APPL.(OS)s 1206/2020, 566/2021 in OMP (ENF.) (COMM.) 174/2019 EX.APPL.(OS) 562/2021 in OMP (ENF.) (COMM.) 175/2019

1. These enforcement proceedings have been taken up for hearing. In this view thereof, learned counsel for the decree holder does not press these applications, which stand disposed of accordingly. EX.APPL.(OS) 567/2021 (for exemption) in OMP (ENF.) (COMM.) 174/2019 EX.APPL.(OS) 563/2021 (for exemption) in OMP (ENF.) (COMM.) 175/2019

1. Exemptions allowed, subject to all just exceptions.

2. These applications stand disposed of.

OMP (ENF.) (COMM.) 174/2019 & EX.APPL.(OS) 3200/2022 OMP (ENF.) (COMM.) 175/2019 & EX.APPL.(OS) 3201/2022

1. These enforcement proceedings arise out of two awards, rendered by an arbitral tribunal in respect of disputes arising between the parties under a contract for construction of civil structures, electrical conducting, and finishing works for a project of the judgment debtor.

2. The challenge of the judgment debtor to the awards under Section 34 of the Arbitration and Conciliation Act, 1996, have been disposed of by a judgment of a Co-ordinate Bench of this Court dated 08.07.2022, in OMP (COMM.) Nos. 444-445/2019. Against the said judgments, no appeals have been preferred as of now.

OMP (ENF.) (COMM.) 174/2019 & OMP (ENF.) (COMM.) 175/2019 Page 2 of 3

3. For the present, it is an admitted position that, in terms of the said awards, the principal amount awarded in favour of the decree holder, as upheld by the judgment dated 08.07.2022, is ₹ 4,56,59,980/- and ₹ 2,45,90,411/-, amounting to a total of ₹ 7,02,50,391/-.

4. By virtue of orders passed in these proceedings, the judgment debtor has deposited a sum of ₹ 6,65,27,716/- in this Court. Learned counsel for the parties agree that the said amount, alongwith interest accrued thereupon, may be released to the decree holder, subject to a maximum of ₹ 7,02,50,391/-. The Registry is directed to release this amount to the decree holder. The matter be listed before the learned Registrar General on 14.09.2022, when the Registry will submit a Report as the amount lying in the fixed deposits, and the Registrar General may pass further directions in this regard.

5. Learned counsel for the parties also agree that release of the aforesaid amount in favour of the decree holder will be subject to an affidavit of undertaking by one of the promoter directors of the decree holder, to the effect that, in the event of an appeal by the judgment debtor against the judgment dated 08.07.2022, if the amount ultimately found due to the decree holder is less than the amount released to the decree holder, the decree holder will restitute the same, with such interest as the Court may direct.

6. List before the Court on 15.11.2022.

PRATEEK JALAN, J SEPTEMBER 1, 2022 'vp'/ Click here to check corrigendum, if any OMP (ENF.) (COMM.) 174/2019 & OMP (ENF.) (COMM.) 175/2019 Page 3 of 3

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders