Afcons Infrastructure Limited vs Delhi Metro Rail Corporation on 25 May, 2022

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Delhi High Court - Orders

Afcons Infrastructure Limited vs Delhi Metro Rail Corporation on 25 May, 2022

Bench: V. Kameswar Rao

                              $~9 & 15
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     OMP (ENF.) (COMM.) 61/2022 & EX.APPL.(OS) Nos. 321/2022
                                    322/2022

                                    AFCONS INFRASTRUCTURE LIMITED           ..... Decree Holder
                                                 Through: Mr. Rajeev Sharma, Sr. Adv. with
                                                          Mr. Abhishek Birthray, Mr. Prateek
                                                          Seth and Mr. Adeem Ahmed, Advs.

                                                  versus

                                    DELHI METRO RAIL CORPORATION         ..... Judgement Debtor
                                                 Through: Mr. Tarun Johri, Mr. Vishwajeet
                                                          Tyagi and Mr. Ankur Gupta, Advs.
                              AND
                              +   O.M.P. (COMM) 223/2021 & I.A. 9858/2021
                                    DELHI METRO RAIL CORPORATION LTD        ..... Petitioner
                                                 Through: Mr. Tarun Johri, Mr. Vishwajeet
                                                          Tyagi and Mr. Ankur Gupta, Advs.


                                                  versus

                                    AFCONS INFRASTRUCTURE PVT LTD           ..... Respondent
                                                 Through: Mr. Abhishek Birthray, Mr. Prateek
                                                           Seth and Mr. Adeem Ahmed, Advs.
                                    CORAM:
                                    HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                           ORDER

% 25.05.2022

1. Re-notify these petitions on August 5, 2022.

2. On March 16, 2022, this Court in OMP (ENF.) (COMM.) 61/2022 had inter-alia stated as under:

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:28.05.2022 19:00:33

"The case was passed over for the learned counsel for the Judgment Debtor to obtain instructions. Having obtained instructions from Mr. S.V. Kute, GM (Legal), DMRC, he submits that in the first instance, the Judgment Debtor/DMRC shall make an FDR of Rs.40 crores in their own bank and deposit the Receipt with this court so as to secure the Decree Holder's interests, at least partially, without prejudice to the Judgment Debtor's pending petition under section 34 of the Arbitration & Conciliation Act,1996."

3. Mr. Johri, learned counsel appearing for the respondent states, judgment debtor has invested an amount of Rs. 40 Crores in FDR and he intends to file on record the original receipt of the FDR. Appropriate shall be that the same shall be filed in person before the concerned Joint Registrar, who shall keep the same in safe custody and for that purpose he shall be appear before the Joint Registrar on June 1, 2022 at 2.30 PM.

V. KAMESWAR RAO, J MAY 25, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:28.05.2022 19:00:33

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Delhi High Court - Orders