Delhi High Court - Orders
Splendor Landbase Limited vs Ambient Land Holdings Limited on 6 April, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 132/2021, EX.APPL.(OS) 364/2023 &
EX.APPL.(OS) 365/2023
SPLENDOR LANDBASE LIMITED ..... Decree Holder
Through: None.
versus
AMBIENT LAND HOLDINGS LIMITED... Judgement Debtor
Through: Mr. Avinash Kr. Lakhanpal and
Mr. Rahul Kr. Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 06.04.2023 EX.APPL.(OS) 363/2023 Allowed, subject to all just exceptions.
The application shall stand disposed of.
O.A. 34/20231. The instant Chamber Appeal has been preferred in respect of the order dated 03 February 2023. The Joint Registrar in terms of the said order has observed that the appellant had failed to file the Affidavit of Assets in accordance with the directions issued by the Court. It has accordingly imposed costs of Rs.50,000/- upon the Chamber Appellant.
2. Learned counsel appearing in support of the appeal apprised the Court that on 20 July 2022 an interim order was passed on the petition under Section 34 of the Arbitration and Conciliation Act, 1996 and in terms of which the enforcement of the Award itself was stayed. It was additionally submitted that although an Affidavit of Assets in terms of the order of the Court had been duly filed, it is only due to certain Signature Not Verified objections raised by the Registry that the same could not be included Digitally Signed By:NEHA Signing Date:11.04.2023 11:34:09 on the record. It is in the aforesaid backdrop learned counsel submits that there existed no justification for the imposition of costs.
3. The Court notes that undisputedly the enforcement of the Award has been stayed by the Court in an independent petition and in terms of the order dated 20 July 2022 passed thereon. Viewed in that light coupled with the fact that an Affidavit of Assets is stated to have been duly filed, the Court finds itself unable to sustain the imposition of costs.
4. Accordingly, the Chamber Appeal is allowed. The costs of Rs.50,000/- as imposed shall stand set aside. The aforesaid shall be subject to the petitioner ensuring that all objections which have been noticed in respect of the Affidavit of Assets are duly attended to and removed within a period of one week from today. The appellant shall also ensure that the said affidavit is duly placed on the record of the Court within the aforesaid period.
YASHWANT VARMA, J.
APRIL 06, 2023 rsk Signature Not Verified Digitally Signed By:NEHA Signing Date:11.04.2023 11:34:09