Bharat Heavy Electrical Limited & ANR v. M/S Koneru Constructions

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 255/2020 BHARAT HEAVY ELECTRICAL LIMITED & ANR.....Petitioners Through:

Mr. Pallav Kumar, Mr. Dibya Nishant and Ms. Shruti Singh, Advocates.

versus M/S KONERU CONSTRUCTIONS .....Respondent Through:

Mr.

Dharmesh Misra, Senior Advocate with Mr. Prateek Gupta, Mr. Pulkit Agarwal and Ms. Vishakha Kaushik, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.03.2026 I.A. 7364/2026 1.

This application under Section 151 of CPC has been filed on behalf of the Petitioner, seeking release of the decretal amount which was deposited by the Petitioner in compliance of the Order dated 22.02.2021 passed by this Court, along with the accrued interest thereon. 2.

Material on record indicates that the Petitioner filed the present Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the Arbitral Award dated 21.01.2014 passed by the Ld. Arbitral Tribunal.

3.

This Court vide Order dated 22.02.2021 had directed the Petitioner to deposit the decretal amount under the Arbitral Award with the Registrar 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 24/03/2026 at 13:18:31

General of this Court. The said Order was complied with by the Petitioner. 4.

It is stated that the Arbitral Award was set aside by this Court vide Final Order dated 26.11.2025 and, therefore, the present application has been filed by the Petitioner.

5.

It is stated by the learned Counsel for the Respondent that the Order dated 26.11.2025 is under challenge in an Appeal filed by the Respondent herein under Section 37 of the Arbitration Act. However, the Order has not stayed in Appeal. In the absence of any stay orders, this Court is inclined to allow the present Application.

6.

The Registrar General is directed to release the entire amount forthwith, along with accrued interest, if any, deposited by the Petitioner in compliance of the Order dated 22.02.2021, in favor of the Petitioner. Registry is directed to transfer the entire amount along with accrued interest in the bank account of the Petitioner, as provided in Document No.3 annexed to the present Application.

7.

The Application is disposed of in the above terms. 8.

Needless to state that if the Appeal filed by the Respondents under Section 37 of the Arbitration Act challenging the Order dated 26.11.2025 is allowed, consequences will follow.

SUBRAMONIUM PRASAD, J MARCH 20, 2026 Rahul 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 24/03/2026 at 13:18:31