M/S Gupta Bros India vs Gail (India) Ltd on 23 September, 2024

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Delhi High Court - Orders

M/S Gupta Bros India vs Gail (India) Ltd on 23 September, 2024

Bench: C.Hari Shankar

                             $~32 & 33
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         O.M.P. (COMM) 535/2023
                                       M/S GUPTA BROS INDIA                  .....Petitioner
                                                    Through: Mr. Abhishek Batra, Advocate.

                                                                            versus

                                       GAIL (INDIA) LTD.                      .....Respondent
                                                      Through: Mr. Nikhilesh Krishnan, Ms.
                                                      Pallavi Anand and Mr. Abhishek Bhushan,
                                                      Advs.

                             +         OMP (ENF.) (COMM.) 115/2024
                                       GAIL INDIA LIMITED                   .....Decree Holder
                                                     Through: Mr. Nikhilesh Krishnan, Ms.
                                                     Pallavi Anand and Mr. Abhishek Bhushan,
                                                     Advs.

                                                                            versus

                                       GUPTA BROS INDIA                   .....Judgment Debtor
                                                    Through: Mr. Abhishek Batra, Advocate.
                                       CORAM:
                                       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                                    ORDER

% 23.09.2024 I.A. 26039/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

I.A. 26040/2023 O.M.P. (Comm) 535/2023 & OMP (Enf.) (Comm.) 115/2024 Page 1 of 4

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 25/09/2024 at 22:08:02

3. For the reasons stated therein, the delay is condoned.

4. The application stands disposed of.

O.M.P. (COMM) 535/2023

5. Issue notice.

6. Notice is accepted on behalf of respondent by Mr. Nikhilesh Krishnan.

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 23 December 2024.

I.A. 26038/2023

9. By this application, the petitioner seeks stay of execution of the impugned award.

10. It is seen that the impugned award grants, to the respondent, a net amount of ₹ 2,62,10,159/- along with interest.

11. As this is a money award, following the orders passed by the Supreme Court in Manish v Godawari Marathawada Irrigation O.M.P. (Comm) 535/2023 & OMP (Enf.) (Comm.) 115/2024 Page 2 of 4 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 25/09/2024 at 22:08:02 Development Corporation1 and Toyo Engineering Corporation v IOCL2, the execution of the impugned award shall stand stayed subject to the petitioner making the aforesaid deposit of the entire awarded amount along with interest till the date of payment, with the Registry of this Court within a period of twelve weeks from today.

12. The amount, as and when deposited, may be withdrawn by the respondent on the respondent furnishing an unconditional and irrevocable bank guarantee for an equivalent amount subject to the satisfaction of the Registry.

13. The stay application is disposed of.

OMP (ENF.) (COMM.) 115/2024

14. Learned Counsel for the respondent submits that he has filed an affidavit of assets of the respondent firm but not of its partners. He seeks and is granted two weeks' further and final time to file an affidavit of assets of partners of the respondent firm.

15. Mr. Batra submits that he has not received any copy of the affidavit of assets of the respondent firm. It is also not forthcoming on the record of the court either.

16. Learned Counsel for the respondent is directed to ensure that the affidavit of assets already filed is placed on the record of the court 1 2018 SCC OnLine SC 3863 2 2021 SCC OnLine SC 3455 O.M.P. (Comm) 535/2023 & OMP (Enf.) (Comm.) 115/2024 Page 3 of 4 This is a digitally signed order.

17. Further and final opportunity of four weeks is granted to file reply and rejoinder to the execution petition.

18. Re-notify on 23 December 2024.

C.HARI SHANKAR, J SEPTEMBER 23, 2024 dsn Click here to check corrigendum, if any O.M.P. (Comm) 535/2023 & OMP (Enf.) (Comm.) 115/2024 Page 4 of 4 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 25/09/2024 at 22:08:03

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Delhi High Court - Orders