Delhi High Court - Orders
Outotec Gmbh And Co Kg vs Steel Authority Of India Ltd on 23 August, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~71, 72 & 44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 231/2023
OUTOTEC GMBH AND CO KG .....Decree Holder
Through: Mr. Sulabh Rewari & Mr.
Rbhyudaya Shishodia, Advs.
versus
STEEL AUTHORITY OF INDIA LTD .....Judgement Debtor
Through: Mr. Parag Tripathi, Senior
Advocate with Mr. Sunil K. Jain & Mr.
Shaantanu Jain, Advocates.
+ OMP (ENF.) (COMM.) 234/2023
LARSEN AND TOUBRO LIMITED .....Decree Holder
Through: Mr. Sandeep Sethi, Senior
Advocate with Mr. Sameer Parekh, Mr. E.R.
Kumar, Ms. Smita Bhargava, Mr. Aditya
Sharma, Ms. Swati Bhardwaj & Ms. Apurba
Pattanayak, Advocates
versus
STEEL AUTHORITY OF INDIA LTD .....Judgement Debtor
Through: Mr. Parag Tripathi, Senior
Advocate with Mr. Sunil K. Jain & Mr.
Shaantanu Jain, Advocates.
+ O.M.P. (COMM) 400/2023 & I.A. 19125/2023, I.A. 9617/2024
STEEL AUTHORITY OF INDIA LTD. .....Petitioner
Through: Mr. Parag Tripathi, Senior
Advocate with Mr. Sunil K. Jain & Mr.
Shaantanu Jain, Advocates.
versus
LARSEN & TOUBRO LTD. & ANR. .....Respondents
Through: Mr. Sandeep Sethi, Senior
OMP (ENF.) (COMM.) 231/2023, OMP (ENF.) (COMM.) 234/2023
& OMP (COMM.) 400/2023 Page 1 of 5
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 27/08/2024 at 23:05:47
Advocate with Mr. Sameer Parekh, Mr. E.R.
Kumar, Ms. Smita Bhargava, Mr. Aditya
Sharma, Ms. Swati Bhardwaj & Ms. Apurba
Pattanayak, Advocates for R-1
Mr. Sulabh Rewari & Mr. Rbhyudaya
Shishodia, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 23.08.2024 EX.APPL.(OS) 873/2024 in OMP (ENF.) (COMM.) 231/2023 EX.APPL.(OS) 874/2024 in OMP (ENF.) (COMM.) 234/2023
1. By these applications, the petitioners seek permission to withdraw the amount deposited by the respondent with this Court in terms of the order dated 3 January 2024 passed by the coordinate Bench.
2. Paras 12 to 14 of the order dated 3 January 2024 read thus:
"12. For the said reasons, I am inclined to allow the Execution petition. The respondent is directed to deposit the awarded amount within a period of six weeks from today with the Registrar General, Delhi High Court and in case the same is not done, the decree- holder will be entitled to seek attachment of the bank account and the assets of the judgment-debtor.
13. The observations in the order are only for the purposes of adjudicating the Execution petition and will have no bearing on the pending Section 34 petition.
14. List on 09.04.2024."
3. Against the aforesaid order, the respondent petitioned the Supreme Court by way of SLP (C) 4404/2024 and SLP (C) 4744/2024.
OMP (ENF.) (COMM.) 231/2023, OMP (ENF.) (COMM.) 234/2023 & OMP (COMM.) 400/2023 Page 2 of 5 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 27/08/2024 at 23:05:47
4. The said SLPs were disposed of by the following order, passed by the Supreme Court on 12 March 2024:
"1. We are not inclined to interfere with the impugned order passed by the High Court as an interim measure. This is particularly for the reason that the order does not direct withdrawal of the amount which is being deposited. We have taken note of this direction of the High Court.
2. Insofar as the submission of Mr. Maninder Singh, learned senior counsel about the observation made by the Court in paragraph 9 of the impugned order is concerned, we make it clear that the dismissal of the special leave petition will not to be taken as approval of the observation(s) therein. This question is kept open for being decided in some another matter. Further, Mr. Maninder Singh, learned senior counsel seeks to raise this issue when the submissions are made in Section 34 application. We keep it open to enable both the parties to raise and argue the points relating to Section 36(4).
3. At the request of Mr. Maninder Singh, the time to deposit the amount(s) is extended by three weeks from today.
4. With these observations, the Special Leave Petitions are disposed of.
5. Pending application(s), if any, shall stand disposed of."
(Emphasis supplied)
5. In my reading of para 1 of the order dated 12 March 2024, the Supreme Court has clearly opined that it was not interfering with the order passed by this Court on 3 January 2024 for two reasons. The first was that the order was passed as an interim measure. The second was, "particularly", that the order did not direct withdrawal of the amount which the respondent had been directed to deposit.
6. Mr. Sandeep Sethi, learned Senior Counsel for the petitioner submits that the order of the Supreme Court does not interdict the grant of liberty by the Court to the petitioner to withdraw the amount deposited by the respondent.
OMP (ENF.) (COMM.) 231/2023, OMP (ENF.) (COMM.) 234/2023 & OMP (COMM.) 400/2023 Page 3 of 5 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 27/08/2024 at 23:05:47
7. Strictly speaking, the submission may be correct. However, given the tenor of para 1 of the order dated 12 March 2024, passed by the Supreme Court, which takes particular notice of the fact that this Court had not directed withdrawal of the amount being deposited, I do not think it would be proper for this Court to allow the prayers in these applications.
8. Accordingly, these applications are dismissed with liberty, however, to the petitioner to re-approach the Court with a similar prayer if and when occasion may arise to do so.
9. Mr. Sethi submits that the amount deposited by the respondent is not in terms of the order dated 3 January 2024 passed by this Court.
10. Mr. Parag Tripathi, learned Senior Counsel for the respondent, disputes this contention and seeks permission to place on record charts, to demonstrate that the entire amount, as directed by the order dated 3 January 2024 passed by this Court, stands deposited by the respondent.
11. He is permitted to do so under cover of an appropriate affidavit within a week from today with advance copy to learned Counsel for the petitioner who, if he so chooses, may file an affidavit by way of response thereto within a week thereof.
12. Re-notify on 9 September 2024.
OMP (ENF.) (COMM.) 231/2023, OMP (ENF.) (COMM.) 234/2023 & OMP (COMM.) 400/2023 Page 4 of 5 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 27/08/2024 at 23:05:47 O.M.P. (COMM) 400/2023 & I.A. 19125/2023, I.A. 9617/2024
13. Re-notify on 9 September 2024.
C. HARI SHANKAR, J.
AUGUST 23, 2024 dsn Click here to check corrigendum, if any OMP (ENF.) (COMM.) 231/2023, OMP (ENF.) (COMM.) 234/2023 & OMP (COMM.) 400/2023 Page 5 of 5 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 27/08/2024 at 23:05:47