Delhi High Court - Orders
Union Of India vs Mpb Construction Pvt. Ltd on 20 April, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 515/2019, I.As. 17440-442/2019
UNION OF INDIA ..... Petitioner
Through: Mr. C.K. Bhatt, Advocate for Mr.
Rahul Sharma, CGSC.
versus
MPB CONSTRUCTION PVT. LTD. ..... Respondent
Through: Mr. Rajat Jain, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 20.04.2022 I.A. 17438/2019 (u/ Section 36 of the Arbitration and Conciliation Act, 1996 r/w Section 151 Code of Civil Procedure, 1908 seeking stay of the Award dated 22.06.2019)
1. It is pointed out that there is an inadvertent error in the Order dated 09th March, 2022. Indeed compliance of the Order dated 06th January, 2022 had to be done by the Petitioner and not the Respondent. Accordingly, it is directed that Order dated 09th March, 2022 shall read as follows:
1. There is a non-compliance of the Order dated 6th January, 2022. The Court had granted eight weeks' time to the Petitioner to deposit the awarded amount, which has till date not been made. Mr. Rahul Sharma, CGSC seeks further time to do so.
Although, there is no reason of the justification to grant extension, nevertheless, in the interests of justice, it is directed that in case the Petitioner makes deposit of the awarded within a period of three weeks from today, the protection given under the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:22.04.2022 17:26:08 Order dated 6th January, 2022 would continue to apply, failing which the award will be rendered executable.
2. Mr. C.K. Bhatt, counsel for the Petitioner, states that the Accounts Officer of the Union of India has sanctioned the release of an amount of Rs. 2,95,68,897/- which shall be deposited with this Court within a period of two weeks from today.
3. Taking the statement of Mr. Bhatt on record, the Petitioner is permitted to deposit the aforesaid amount within a period of two weeks from today.
O.M.P. (COMM) 515/2019
4. Mr. C.K. Bhatt, counsel for Petitioner, seeks and is granted further two weeks' time to file written submissions. The submissions of the Respondent stated to be filed yesterday are not on record. Mr. Bhatt is directed to ensure the same is placed on record before the next date of hearing.
5. Re-notify on 11th October, 2022.
SANJEEV NARULA, J APRIL 20, 2022 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:22.04.2022 17:26:08