Delhi High Court - Orders
National Highways Authority Of India vs Raiganj-Dalkhola Highways Limited on 22 November, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 53/2022
NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Petitioner
Through: Mr. Anoop Kumar Varma, Sr. Adv.
along with Mr. Zeeshan Hashmi, Mr.
Salman Hashmi, Mr. Ankit Parashar
and Mr. Kashi Zafar, Advs.
versus
RAIGANJ-DALKHOLA HIGHWAYS LIMITED ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 22.11.2023 IA No.23271/2023 (filed on behalf of the respondent seeking deposition of award amount by the petitioner)
1. The present application seeks compliance by the petitioner of the directions contained in the order dated 27.09.2023. The said order reads as under:
"1. I.A. 709/2022 has been filed on behalf of the petitioner under Order 39 Rule 1 & 2 r/w Section 151 Code of Civil Procedure, 1908 seeking stay of the operation of the Arbitral Award dated 07.10.2021; I.A. 17912/2023 has been filed on behalf of the respondent seeking that the petitioner be directed to deposit the awarded amount along with the interest.
2. It is noticed that vide order dated 15.07.2022 the contention of the petitioner was recorded to the effect that the petitioner is willing to deposit the awarded sum, if so directed by the Court. The relevant portion of the said order dated 15.07.2022is reproduced as under:-
"3.For the record, Mr. Varma submits on instructions, that the petitioner is willing to deposit the awarded sum, if so directed by the court, in the application seeking interim stay 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 25/11/2023 at 01:48:07 of operation of the impugned award."
3. In the circumstances, it is directed that till the disposal of present petition there shall be stay on the operation of the impugned Arbitral Award dated 07.10.2021 subject to the petitioner depositing the awarded amount along with the interest (till the date of deposit) within a period of 6 weeks from today.
4. These applications are disposed of in terms of the aforesaid directions.
2. It may be seen that the aforesaid order is based on the statement made by learned senior counsel for the petitioner on 15.07.2022 to the effect that "the petitioner is willing to deposit the awarded sum, if so directed by the court in the application seeking interim stay of the impugned order."
3. Be that as it may, learned senior counsel for the petitioner/non- applicant submits that the petitioner is in the process of assailing the order dated 27.09.2023 before the Supreme Court. In the circumstances, it is directed that unless any orders are passed by the Supreme Court which obviate compliance with the directions contained in the aforesaid order dated 27.9.2023, the same shall be complied with before the next date of hearing.
4. The application stands disposed of.
O.M.P. (COMM) 53/2022
5. List on 09.01.2024, the date already fixed.
SACHIN DATTA, J NOVEMBER 22, 2023/cl 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 25/11/2023 at 01:48:07