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High Court of DelhiOMP (ENF.) (COMM.)/224/2019

Mku Ltd. v. Union Of India

2020-03-13Hon'Ble Ms. Justice Rekha Palli2 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 224/2019 & Ex.A.(OS) No.1039/2019 (for directions) MKU LTD.

..... Decree Holder Through Ms.Geeta Sharma, Adv.

versus UNION OF INDIA ..... Judgement Debtor Through Mr.Jaswinder Singh, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 13.03.2020 1.

The present petition under Section 36 of the Arbitration & Conciliation Act, 1996 and Order XXI Rule 10, 11(2), 12, 41, 43,52 read with Sections 51, 60 & 151 of the Code of Civil Procedure, 1908, seeks execution of arbitral Award dated 25.10.2018. 2.

Vide order dated 23.12.2019, this Court while issuing notice in the petition, had directed the Judgment Debtor to deposit the entire awarded amount with upto date interest with the Registrar General of this Court within a period of eight weeks.

3.

Learned counsel for the Decree Holder submits that the amount deposited by the Judgment Debtor be directed to be remitted in the Bank account of Decree Holder. She has handed over details of the bank account i.e. Cash Credit Account No.41650500000002 (IFSC DigitallySigned By:MANJU BHATT 16:25:05

Code BARBOMALLR0), Bank of Baroda, International Business Branch, Mall Road, Kanpur-208001, which is taken on record. 4.

Though the said amount has yet not been deposited, the learned counsel for the Judgment Debtor submits that the demand draft of the awarded amount inclusive of interest upto 05.03.2020, is ready and will be deposited with the Registrar General of this Court today itself. He further fairly submits that the Judgment Debtor's challenge to the Award by way of a petition under Section 34 of the Arbitration & Conciliation Act, 1996, already stands rejected in July, 2019. 5.

In these circumstances, once the amount is deposited by the Judgment Debtor, the Registry is directed to remit the said amount in the bank account of the Decree Holder/MKU LTD. i.e. Cash Credit Account No.41650500000002 (IFSC Code BARBOMALLR0), Bank of Baroda, International Business Branch, Mall Road, Kanpur208001. 6.

No further orders are called for in this petition. 7.

The petition and pending application are disposed of. 8.

Liberty is, however, granted to the Decree Holder to seek revival of the petition in case the amount deposited by the Judgment Debtor is found to be deficient.

REKHA PALLI, J MARCH 13, 2020/aa DigitallySigned By:MANJU BHATT 16:25:05