Delhi High Court - Orders
M/S Omaxe Ltd vs Asha Saini on 2 June, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 91/2022 & CM APPL. 27144/2022, CM APPL.
27145/2022, CM APPL. 27146/2022, CM APPL. 27147/2022
M/S OMAXE LTD. ..... Appellant
Through: Mr. Ramesh Singh, Sr. Adv. with
Mr. Mukti Bodh, Adv. and
Mr. Bhishm Dev Mund, AR.
versus
ASHA SAINI ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 02.06.2022
1. The appellant has filed the present appeal impugning an order dated 11.01.2022 passed by the learned District Judge, rejecting the appellants application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award dated 26.12.2018 as modified on 11.02.2019.
2. Mr. Ramesh Singh, learned senior counsel appearing for the appellant, submits that the impugned order dated 11.01.2022 is a common order in respect of two petitions. The connected matter is the subject matter of an appeal in FAO (COMM) 53/2022 captioned M/S Omaxe Ltd. v. Asha Saini.
3. He handed over an order dated 11.04.2022, passed by a Coordinate Signature Not Verified Digitally Signed By:HARMINDER KAUR FAO (COMM) 91/2022 Page 1 of 2 Signing Date:04.06.2022 18:20:48 Bench of this Court in that appeal, whereby the Court had issued notice to the respondent. However, the Court had also recorded Mr. Singh's statement that 25% of the amount due under the award had been deposited with the concerned Executing Court and the balance would be deposited within the next three weeks.
4. The Court has also stayed the arbitral award subject to the amount being deposited with the concerned Executing Court, within a period of three weeks and the proof of such deposit being filed with the Registry of this Court.
5. This Court considers it apposite to pass an order in similar terms. It is so directed.
6. Notice shall go to the respondent by speed post and electronic modes. Dasti, in addition.
7. List on 27.07.2022 along with FAO (COMM) 53/2022 captioned M/S Omaxe Ltd. v. Asha Saini.
VIBHU BAKHRU, J AMIT MAHAJAN, J JUNE 2, 2022 KDK Signature Not Verified Digitally Signed By:HARMINDER KAUR FAO (COMM) 91/2022 Page 2 of 2 Signing Date:04.06.2022 18:20:48