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Punjab-Haryana High Court

Spaze Towers Pvt Ltd vs Ishan Singh on 2 May, 2023

Author: Avneesh Jhingan

Bench: Avneesh Jhingan

CM-7828-CII-2023 and
CM-7424-CII-2023 in/and 2023:PHHC:062667
CR-185-2023 (O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

111
CM-7828-CII-2023 and
CM-7424-CIl-2023 in/and
CR-185-2023 (O&M)

Date of Decision: 02.05.2023
Spaze Towers Pvt. Ltd.
...Petitioner

Versus

Ishan Singh
...Respondent

CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present: Mr. Gaurav Chopra, Senior Advocate with
Mr. Rishabh Bajaj, Advocate for the applicant.

Mr. Anand Chibbar, Senior Advocate with
Mr. Rajeev Anand, Advocate for the non-applicant.

Mr. Shashank Sekhar, Advocate for the respondent-allottee.

aie 2 2s 2c 3

AVNEESH JHINGAN, J. (Oral)

CM-7828-CII-2023 This application under Section 151 CPC is filed seeking condonation of delay of 02 days in compliance of the order dated 28.02.2023.

Notice in the application.

Mr. Rajeev Anand, Advocate, and Mr. Shashank Sekhar, Advocate, accept notice on behalf of non-applicant and raise no objection to the application being allowed.

For the reasons given in the application, the same is allowed.

KAPIL 2023.05.03 10:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh

CM-7828-CII-2023 and CM-7424-CIT-2023 in/and 2023: PHHC:062667 CR-185-2023 (O&M) -2- The delay of 02 days in compliance of the order dated 28.02.2023 is condoned.

CM stands disposed of.

CM-7424-CIl-2023 This application under Section 151 CPC is filed seeking modification of the interim order passed by this Court on 28.02.2023. The said order is reproduced below:-

"Learned Senior counsel appearing for the petitioner submits that to show bonafide he has brought Demand Draft of rupees two crore in the name of Registrar of the Commercial Court at Gurugram and the balance amount 1.e. Rupees two crore Shall be deposited within six weeks from today.
Notice of motion.
Mr. Shekhar Sharma, Advocate and Mr. Shashank Shekhar, Advocate accept notice on behalf of respondents.
In the meantime the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') be proceeded with and no unwarranted adjournments shall be granted on request of either of parties.
As an interim measure, till the next date of hearing operation of the impugned award shall be stayed, subject to depositing the amount i.e. Demand Draft of rupees two crore produced in Court and further deposit of two crore within six weeks from today.
List on 17" May, 2023.
It is clarified that the amount deposited shall be kept in FDR with nationalized bank and the same is subject to outcome of the decision in objections under Section 34 of the Act.
Learned counsel for the parties on instructions submits that pleadings would be completed at the earliest."

Punjab & Haryana High Co:

Chandigarh CM-7828-CII-2023 and CM-7424-CII-2023 in/and 2023:PHHC:062667 CR-185-2023 (O&M) -3- Learned counsel for the applicant submits that the creation of third party rights would only create complications.
Learned counsel for the non-applicant contends that no further third party rights will be created till the objections are decided.
The order dated 28.02.2023 is modified that no further third party rights be created from today till the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') are decided.
The main case is fixed for 17.05.2023. The counsel for the parties has reached at the consensus that with the passing of modified interim order, no grievance survives. On their request, the main case is taken up on Board.
Main case
1. As agreed between the parties, the main petition is disposed of with the direction that the Court concerned with the cooperation of the parties shall make an endeavour to decide the objections under Section 34 of the Act within four months from the date fixed.
2. The interim order shall continue till the objections under Section 34 of the Act are decided.
3. Next date fixed in the main petition be treated as cancelled.

(AVNEESH JHINGAN) May 02, 2023 JUDGE kapil Whether speaking/reasoned Yes/No Whether reportable Yes/No KAPIL 2023.05.03 10:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh