Delhi High Court - Orders
Kanti Bijlee Utpadan Nigam Ltd vs M/S Universal Mep Project & Engineering ... on 22 July, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 497/2020 & I.A. 4254/2023.
KANTI BIJLEE UTPADAN NIGAM LTD. .....Petitioner
versus
M/S UNIVERSAL MEP PROJECT &
ENGINEERING SERVICES LIMITED .....Respondent
+ O.M.P. (COMM) 531/2020
M/S UNIVERSAL MEP PROJECT &
ENGINEERING SERVICES LIMITED .....Petitioner
versus
KANTI BIJLEE UTPADAN NIGAM LIMITED .....Respondent
Appearances:
Mr. Puneet Taneja, Mr. Manmohan Singh Narula, Mr. Amit Yadav, Mr.
Anil Kumar Advocates for Kanti Bijlee Utpadan Nigam Ltd.
Mr. Sanjay Grover, Mr. Shivlal Singh, Advocates for M/s Universal Mep
Project & Engineering Services ltd.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 22.07.2024 I.A. 33698/2024 (for withdrawal of amount) in O.M.P. (COMM) 497/2020
1. The respondent has filed the present application for permission to withdraw the amount of Rs. 40,73,193/- deposited by the petitioner, in terms of the order of this Court dated 08.10.2020, with interest accrued thereupon.
O.M.P. (COMM) 497/2020 & connected matter. Page 1 of 3This 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 25/07/2024 at 21:21:57
2. Mr. Sanjay Grover, learned counsel for the respondent/applicant, submits that the withdrawal will be secured by a bank guarantee.
3. Mr. Puneet Taneja, learned counsel for the petitioner, has an objection to this request. He submits that the respondent has also challenged the award, but this request is tantamount to accepting and implementing the award.
4. I find no force in Mr. Taneja's contention. The respondent was the claimant before the Tribunal. Its claims were partially awarded, and the petitioner has challenged the award to that extent. The respondent has challenged the award, only to the extent the claims were not awarded in its favour. By the order dated 08.10.2020, the Court permitted the deposit of the awarded amount as a condition for stay of execution of the impugned award.
5. Having regard to these facts, there is no inconsistency in withdrawing the amount awarded, and yet agitating that the balance of the claims were wrongly rejected. The withdrawal being secured by a bank guarantee, in my view, affords adequate protection to the petitioner in the event its petition ultimately succeeds, and thus appropriately balances the rights of the parties during the pendency of the petition.
6. For the aforesaid reasons, the application is allowed and the Registry is directed to release the amount deposited by the petitioner, pursuant to the order dated 08.10.2020, alongwith interest accrued thereupon, subject to the respondent furnishing a bank guarantee of an equivalent amount to the satisfaction of the learned Registrar General of this Court. The respondent will also submit an undertaking that it will restitute the amount, alongwith such interest as the Court may direct, in O.M.P. (COMM) 497/2020 & connected matter. Page 2 of 3 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 25/07/2024 at 21:21:57 the event the petitioner is ultimately successful in its challenge to the award.
7. The application is disposed of with these directions. O.M.P. (COMM) 497/2020 & O.M.P. (COMM) 531/2020 At the request of Mr. Puneet Taneja, learned counsel for the petitioner in O.M.P. (COMM) 497/2020, list on 07.11.2024.
PRATEEK JALAN, J JULY 22, 2024 'Bhupi'/ O.M.P. (COMM) 497/2020 & connected matter. Page 3 of 3 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 25/07/2024 at 21:21:58