Delhi High Court - Orders
Heidelberg Cement India Ltd vs The Indure Pvt. Ltd on 1 March, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 18/2021
HEIDELBERG CEMENT INDIA LTD. ..... Appellant
Through: Mr. Mukul Rohatgi and Mr. Parag
Tripathi, Sr. Advs. with Mr. Rana S.
Biswas, Mr. Rajiv Tyagi and Mr.
Apratim Animesh Thakur, Advocates.
Versus
THE INDURE PVT. LTD. ..... Respondent
Through: Mr. Sandeep Sethi, Sr. Adv. with Mr.
Prashant Mehta, Ms. Divita Vyas, Mr.
Varun Gupta and Ms. Simron Wason,
Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 01.03.2021 [VIA VIDEO CONFERENCING] CM No.3587/2021 (for permission to file lengthy list of dates)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
FAO(OS) (COMM) 18/2021 & CM No.3585/2021 (for ex-parte ad interim stay)
3. The appeal impugns the dismissal of an application under Section 34 of the Arbitration and Conciliation Act, 1996 with respect to the arbitral award dated 2nd July, 2019 for payment of money, in favour of the respondent and against the appellant.
FAO(OS) (COMM) 18/2021 Page 1 of 24. We have heard the senior counsel for the appellant and senior counsel for the respondent appearing on advance notice.
5. Issue notice.
6. Notice is accepted by the counsel for the respondent.
7. Subject to the appellant depositing in this Court the entire principal amount of the award within eight weeks of today, as sought, there shall be stay of execution. If the amounts are not deposited, the respondent shall remain entitled to execute the Award subject to the outcome of this appeal.
8. CM No.3585/2021 is disposed of.
9. List for hearing on 4th May, 2021.
RAJIV SAHAI ENDLAW, J.
AMIT BANSAL, J.
MARCH 1, 2021 'bs' FAO(OS) (COMM) 18/2021 Page 2 of 2