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Mr. Kalanithi Maran vs M/S Spicejet Ltd. & Anr on 10 August, 2020

Author: Rekha Palli

Bench: Rekha Palli

                                                   Via video conferencing
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*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   OMP (ENF.) (COMM.) 32/2019
    MR. KALANITHI MARAN                          ..... Decree Holder
                  Through:            Mr.A.S.L. Sundaresan, Sr. Adv. with
                                      Ms.Nandini       Gore,   Ms.Natasha
                                      Sehrawat, Mr.Raghvendra Pratap
                                      Singh & Mr.Jasvir Singh Sabharwal,
                                      Advs.
                       versus

    M/S SPICEJET LTD. & ANR.          ..... Judgement Debtors
                   Through: Mr.Atul Sharma with Mr.Abhishek
                             Sharma & Mr.Abhinav Sharma,
                             Advs.

    CORAM:
    HON'BLE MS. JUSTICE REKHA PALLI
                 ORDER

% 10.08.2020 E.A. No.739/2020

1. This is an application filed by the decree holder (DH) seeking directions to the Registrar General of this Hon'ble Court to encash the Bank Guarantee bearing No.066GM03172550001 issued by YES Bank for a sum of INR 270.08 Crores and release the amount received in favour of the Decree Holder.

2. After some arguments, learned counsel for the DH/applicant does not press the present application, but prays for liberty to move a similar application in case there is any change in circumstances.

3. The application is dismissed as withdrawn, with liberty as prayed for.

4. Vide the present application, the DH/applicant seeks early hearing of I.A. No.6947/2019 whereunder the DH has sought directions to the judgment debtor (JD) to make a deposit in respect of the interest under the award.

5. Learned counsel for the JD submits that I.A. No. 6947/2019 was already stands disposed of by this Court on 20.09.2019.

6. At this stage, learned counsel for the DH makes an oral prayer for revival of I.A. No.6947/2019. Keeping in view the additional facts set out in the application and the fact that all pleadings therein stand completed, the prayer for revival is allowed.

7. Accordingly, the application is allowed and I.A. No.6947/2019 will be taken up for consideration on 02.09.2020.

8. Learned counsel for the JD has no objection to early hearing of E.A. No.680/2019.

9. In the light of the reasons stated in the application and the fact that the pleadings in E.A. 680/2019 are already complete, the prayer for early hearing is allowed.

10. The application is allowed and disposed of.

11. List E.A. No.680/2019 for disposal on 02.09.2020. OMP (ENF.) (COMM.) 32/2019 & E.A.No.680/2019, I.A. No.6947/2019

12. Learned counsel for the JD submits that in support of his objections to the application, it would be necessary for him to refer to the record of OMP(COMM.)43/2019 and, therefore, prays that the same be requisitioned for the next date. On the other hand, learned Senior counsel for the DH submits that the pleas raised by the JD in its petition under Section 34 of the Arbitration and Conciliation Act, 1996, would not be germane for adjudication of the present application. He however, has no objection to the record of OMP(COMM.)43/2019 being requisitioned.

13. List E.A. No.680/2019 and I.A. No.6947/2019 for disposal on 02.09.2020. The next date of 18.08.2020 stands cancelled.

14. On the next date, the Registry is directed to send the record of OMP(COMM.)43/2019 for perusal of this Court along with the file of the present case.

REKHA PALLI, J AUGUST 10, 2020 gm