Delhi High Court - Orders
Mathur & Kapre Associates Private ... vs Employee'S State Insurance ... on 19 May, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 114/2019
MATHUR & KAPRE ASSOCIATES
PRIVATE LIMITED ..... Decree Holder
Through: Mr. Bhuvan Gugnani, Advocate
versus
EMPLOYEE'S STATE INSURANCE
CORPORATION (ESIC) ..... Judgement Debtor
Through: Mr. V.K. Singh and Mr. Sourav
Kumar, Advocate for ESIC.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.05.2022
1. By the order dated 22.04.2022, it was recorded as follows:
"1. The learned counsel appearing for the respondent states that the respondent has deposited the entire awarded amount with the Registry of this Court. He further states that the petitioner has also preferred an application under Section 34 of the Arbitration and Conciliation Act, 1996 impugning the arbitral award dated 22.04.2018, which is sought to be enforced by way of the present petition. It is stated that although the said petition was filed in the month of November, 2021 but the same has not been listed as yet.
2. In view of the above, further orders in this petition are deferred for a period of three weeks.
3. In the meanwhile, the petitioner is given a final opportunity for getting its petition listed. It is clarified that if there is no order staying the arbitral award dated 22.04.2018, the amounts deposited shall be released to the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:20.05.2022 13:27:53 OMP (ENF.) (COMM.) 114/2019 Page 1 of 2 petitioner on the next date of hearing.
4. List on 19.05.2022."
2. Mr. Bhuvan Gugnani, learned counsel for the petitioner, points out that the challenge of the Judgment Debtor to the arbitral award dated 22.04.2018 has been rejected by the judgment of this Court dated 05.05.2022 in O.M.P. (COMM.) 216/2022 [Employees' State Insurance Corporation (ESIC) vs. M/s Mathur and Kapre Associates Pvt Ltd].
3. Consequently, there is no impediment to release of the deposited amount in favour of the petitioner. The Office Report indicates that an amount of ₹1,51,91,763/- has been deposited by the respondent. Mr. Gugnani submits that this is the principal amount of the award and neither the GST component nor the interest on the awarded amount has yet been deposited.
4. The petitioner is directed to place a statement of account on affidavit within one week, to which the Judgment Debtor may respond within one week thereafter.
5. List on 04.08.2022.
6. In the meanwhile, in terms of the order dated 22.04.2022, the amount deposited by the respondent-Judgment Debtor be released to the petitioner together with the interest accrued thereupon.
PRATEEK JALAN, J MAY 19, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:20.05.2022 13:27:53 OMP (ENF.) (COMM.) 114/2019 Page 2 of 2