Delhi High Court - Orders
Gawar Construction Ltd vs Govt Of Nct Delhi Pwd on 8 February, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 137/2022
GAWAR CONSTRUCTION LTD ..... Decree Holder
Through: Mr. Deepender Hooda, Mr. A.
S. Tiwari, Mr. Nitin Thukral,
Advs.
versus
GOVT OF NCT DELHI PWD ..... Judgement Debtor
Through: Ms. Nitika Bhutani, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 08.02.2023 The instant execution petition has been preferred in respect of the award dated 15 January 2022 as corrected by the order of 16 February 2022.
Learned counsel for the Execution Petitioner apprises the Court that although a petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed, the same suffers from a delay of forty-six (46) days and has thus neither been entertained nor notices issued thereon.
The Court notes that the objections which have been filed in the present petition essentially raise questions touching upon and relating to the validity of the award itself. That cannot possibly be countenanced to be the scope of the enquiry which is liable to be undertaken in Section 36 proceedings and which stand restricted to enforcement. The Court bears in mind the principles enunciated in its decision in Hindustan Zinc Ltd. vs. National Research Development Corporation, [NCN : 2023/DHC/000475].
Accordingly, let the respondent deposit the entire amount payable in terms of the award dated 15 January 2022 within a period of four weeks from today. The aforesaid deposit shall be without Signature Not Verified prejudice to their rights and contentions in the pending Section 34 Digitally Signed By:NEHA Signing Date:10.02.2023 15:44:34 petition.
Let the matter be called again on 13.04.2023.
YASHWANT VARMA, J.
FEBRUARY 08, 2023/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:10.02.2023 15:44:34