Delhi High Court - Orders
Municipal Corporation Of Delhi Through ... vs Sweka Power Tech Engineers Pvt. Ltd ... on 13 December, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 216/2023
MUNICIPAL CORPORATION OF DELHI THROUGH ITS
EXECUTIVE ENGINEER ..... Petitioner
Through: Mr. Sanjay Poddar, Senior Advocate
with Mr. Pravesh Thakur and Mr.
Gobind, Advocates.
versus
SWEKA POWER TECH ENGINEERS PVT.
LTD THROUGH ITS DIRECTOR ..... Respondent
Through: Mr. Gaurav Sarin, Ms. Charul Sarin
and Mr. Harish Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 13.12.2023 I.A. 11668/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
I.A. 11669/2023 (Permission to file lengthy synopsis) For the reasons mentioned therein, the application is allowed and disposed of accordingly.
O.M.P. (COMM) 216/2023 & I.A. 11667/2023 (stay)
1. One of the contentions raised is that the underlying contract between the parties was induced by fraud. In this regard, learned Senior Counsel for the petitioner has referred to the second proviso to Section 36 of the A & C Act as well as that a criminal case was registered by CBI wherein the trial court while convicting the Directors of the respondent observed that MCD This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2023 at 23:13:19 suffered loss on account of cutting and overwriting in the tender.
2. Mr. Poddar, learned Senior Counsel, on instructions state that the challenge is restricted only with respect to grant of claim No.1 & 8 as well as dismissal of Counter-claim no. 2.
3. Mr. Gaurav Sarin, learned counsel for the respondent refutes the submissions. He states that the criminal appeal against conviction is pending consideration and the learned arbitrator has deducted an amount of Rs. 1,42,83,000 from the total amount awarded to the respondent.
4. The issue noted above and other issues raised require further consideration.
5. Issue notice.
6. Subject to respondent depositing entire awarded amount along with interest accrued thereon till the date of deposit with the Registrar General of this Court within eight weeks from today, the operation of the impugned award is stayed. The deposited amount shall be kept in an FDR on auto- renewal mode.
7. Renotify on 15.04.2024.
MANOJ KUMAR OHRI, J DECEMBER 13, 2023/rd This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2023 at 23:13:19