Delhi High Court - Orders
Union Of India vs M/S. Jmc Project (I) Ltd on 4 September, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 367/2023
UNION OF INDIA .....Petitioner
Through: Mr. Ruchir Mishra and Ms.
Reba Jena Mishra, Advocates.
versus
M/S. JMC PROJECT (I) LTD .....Respondent
Through: Mr. Dayan Krishnan, Sr.
Advocate with Mr. Ayush Agrawal, Mr.
Vikrant. S. Bloria, Mr. Sushant Tomar, Mr.
Pranav Saigal and Ms. Anu Tiwari,
Advocates.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 04.09.2024 I.A. 17720/2023, I.A. 17721/2023, I.A. 17722/2023 and I.A. 17724/2023
1. For the reasons stated therein, exemptions are allowed, subject to all just exceptions.
2. The applications stand disposed of.
I.A. 17723/2023(summoning record of arbitral proceedings)
3. The registry is directed to requisition the arbitral record before the next date of hearing.
4. The application stands disposed of.
O.M.P. (COMM) 367/2023 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2024 at 02:17:17 O.M.P. (COMM) 367/2023
5. Issue notice.
6. Notice is accepted on behalf of respondent by Mr. Vikrant Singh.
7. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, within four weeks thereof.
8. Re-notify on 22 November 2024.
I.A. 17719/2023 (stay)
9. This petition under Section 34 of the Arbitration and Conciliation Act 19961 is directed against a money award.
10. Keeping in mind the view expressed by the Supreme Court in its orders in Manish v Godawari Marathawada Irrigation Development Corporation2, Toyo Engineering Corporation v IOCL3 and Sepco Electric Power Construction Corporation v Power Mech Projects Ltd4, subject to the petitioner depositing the entire awarded amount with the Registry of this Court within a period of six weeks from today, there shall be a stay of execution of the award.
1 "the 1996 Act", hereinafter 2 2018 SCC OnLine SC 3863 3 2021 SCC OnLine SC 3455 4 2022 SCC Online SC 1243 O.M.P. (COMM) 367/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2024 at 02:17:17
11. The respondent shall be entitled to release of the awarded amount in its favour on the respondent furnishing an irrevocable and unconditional bank guarantee drawn on a nationalised bank to the satisfaction of the Registry.
12. The stay application is disposed of.
C. HARI SHANKAR, J.
SEPTEMBER 4, 2024 dsn Click here to check corrigendum, if any O.M.P. (COMM) 367/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2024 at 02:17:18