Delhi High Court - Orders
Mercator Ltd vs Dredging Corporation Of India Ltd on 9 February, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~18 to 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 2/2019, EX.APPL.(OS) 27/2020,
EX.APPL.(OS) 182/2020, EX.APPL.(OS) 346/2022,
EX.APPL.(OS) 2985/2022 & EX.APPL.(OS) 1620/2023
MERCATOR LTD. ..... Decree Holder
versus
DREDGING CORPORATION
OF INDIA LTD. ..... Judgement Debtor
+ O.M.P.(EFA)(COMM.) 3/2019, EX.APPL.(OS) 28/2020,
EX.APPL.(OS) 183/2020, EX.APPL.(OS) 347/2022,
EX.APPL.(OS) 368/2022 & EX.APPL.(OS) 1622/2023
MERCATOR LTD. ..... Decree Holder
versus
DREDGING CORPORATION
OF INDIA LTD. ..... Judgement Debtor
+ O.M.P.(EFA)(COMM.) 4/2019, EX.APPL.(OS) 29/2020,
EX.APPL.(OS) 184/2020, EX.APPL.(OS) 369/2022,
EX.APPL.(OS) 2986/2022 & EX.APPL.(OS) 1621/2023
MERCATOR LTD. ..... Decree Holder
versus
DREDGING CORPORATION
OF INDIA LTD. ..... Judgement Debtor
Appearances:
Mr. Amitava Majumdar, Mr. Arvind Kumar Gupta, Mr. Suraj Sonwal,
Advocates for decree holder.
Mr. Adhish Ragvanshi, Mr. V. Seshagiri, Advocates for judgment debtor.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O.M.P.(EFA)(COMM.) 2/2019 Page 1 of 3
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 13/02/2024 at 21:56:54
ORDER
% 09.02.2024
1. These enforcement proceedings are for the enforcement of three awards, which are, in sum, for an amount of Rs. 45 crores, including the principal claim of approximately Rs.32 crores and pre-award interest. According to learned counsel for the decree-holder, the awards as of now amount to approximately Rs.72 crores.
2. By orders dated 17.11.2022, 15.02.2023 and 18.05.2023, the judgment debtor was directed to deposit certain amounts into Court. The amounts directed by these orders, amounting to Rs.21 crores in total, have been deposited.
3. By a further order dated 11.09.2023, the judgment debtor undertook to deposit a further sum of Rs.8 crores by 30.11.2023. This amount was not deposited despite the undertaking, and instead applications [EX.APPL.(OS) 1620/2023 in OMP (EFA) (COMM) 2/2019, EX.APPL.(OS) 1622/2023 in OMP (EFA) (COMM) 3/2019 and EX.APPL.(OS) 1621/2023 in OMP (EFA) (COMM) 4/2019] were filed by the judgment debtor on 29.11.2023, seeking directions to defer further deposits pending adjudication of its objections under Section 48 of the Arbitration and Conciliation Act, 1996 ["the Act"].
4. Having regard to the applications, learned counsel for the judgment debtor was requested to argue his objections. He sought an adjournment. However, the request was declined, particularly in view of the judgment debtor's own assertion that the objections must be adjudicated before any deposit is directed.
5. I have heard learned counsel for the judgment debtor and learned O.M.P.(EFA)(COMM.) 2/2019 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 13/02/2024 at 21:56:54 counsel for the decree-holder on the objections.
6. Learned counsel for the parties may file written submissions, not exceeding five pages each, addressing the scope of adjudication under Section 48 of the Act, with reference to the latest case law on the subject, and application of those principles to the facts of the present case. The judgments relied upon by them may also be filed alongwith the submissions. Learned counsel for the parties are directed to file the submissions within ten days from today.
7. Judgment reserved.
PRATEEK JALAN, J FEBRUARY 9, 2024 'Bhupi'/ O.M.P.(EFA)(COMM.) 2/2019 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 13/02/2024 at 21:56:54