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Delhi High Court - Orders

South Delhi Municipal Corporation vs Sweka Power Tech Engineers Pvt. Ltd. & ... on 28 November, 2022

Author: Sachin Datta

Bench: Sachin Datta

                          $~20
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P. (COMM) 469/2020
                                SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner
                                             Through: Mr. Shikhar Khar, Mr. Utkarsh Kulvi
                                                      and Mr. Rahat Afridi, Advs.
                                             versus

                                SWEKA POWER TECH ENGINEERS PVT. LTD. & ORS.
                                                                         ..... Respondents
                                            Through: Mr. Gaurav Sarin, Ms. Charul Sarin
                                                     and Mr. Harish Kumar, Advs. for R-
                                                     1.
                                                     Ms. Akansha Kaul, SC along with
                                                     Mr. Harsh Ojha, Adv. for EDMC.

                                CORAM:
                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                    ORDER

% 28.11.2022

1. An amended memo of parties is stated to have been filed on behalf of the petitioner, however, the same is not on record. Let the same be brought on record before the next date of hearing.

2. Mr. Gaurav Sarin, learned counsel appearing for the respondent no.1 draws attention of the Court to the order dated 28.09.2020, whereby the petitioner was directed to deposit the „decretal amount‟ with the Registrar General which was to be retained in an interest bearing fixed deposit. It is submitted by learned counsel for the respondent no. 1 that the petitioner has only deposited the „awarded sum‟ i.e. the amount due with interest till the date of passing of the arbitral award. However, the post- award interest amount has not been deposited.

Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:30.11.2022 15:52:36

3. Learned counsel for the petitioner seeks some time to file the calculation of the decretal amount required to be deposited till date i.e., the awarded amount together with the interest thereon also taking into account the deposit that has already been made by the petitioner. Let the petitioner file an affidavit, within a period of two weeks from today, setting out the said amount along with the computation/calculation thereof. Let the said amount be deposited by the petitioner with the Registrar General of this court within a period of four weeks thereafter. The said amount shall also be retained in an interest bearing FDR.

4. Brief synopsis has been filed on behalf of the respondent no.1.

5. Learned counsel for the petitioner seeks some further time to file its written synopsis. Let the same be filed before the next date of hearing along with the copies of the judgments sought to be relied upon.

6. List for disposal on 14.03.2023.

SACHIN DATTA, J NOVEMBER 28, 2022/cl Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:30.11.2022 15:52:36