High Court of DelhiOMP (ENF.) (COMM.)/71/2025

Ircon Infrastructure And Services Ltd v. Jodhpur Multi Functional Complex Private Limited

2026-01-15Hon'Ble Ms. Justice Mini Pushkarna6 pages

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 71/2025, EX.APPL.(OS) 520/2025 & EX.APPL.(OS) 860/2025 IRCON INFRASTRUCTURE AND SERVICES LTD.

.....Decree Holder Through:

Mr. Nishit Kush, Mr. Siddharath Sikri and Ms. Kirti Singh, Advs.

Email: nishitkush@gmail.com Mob: 9816176891 versus JODHPUR MULTI FUNCTIONAL COMPLEX PRIVATE LIMITED .....Judgement Debtor Through:

Mr. Sanjoy Ghose, Sr. Adv. with Ms.

Satakshi Sood, Mr.

Mohit Garg, Advs.

and Mr.

Pratap Rout, Authorised Representative of JD.

M: 8278812103 Email: satakshi@amaltaslaw.in

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 15.01.2026 1.

The present petition seeks enforcement of the interim Arbitral Award/Order dated 14th May, 2024 passed by the Sole Arbitrator in Case Ref. No. DIAC/6791/09-23, and as modified by this Court vide order dated 31st May, 2024 in ARB.A.(COMM.) 35/2024.

The said interim Arbitral Award/Order dated 14th May, 2024, as passed by the Sole Arbitrator, reads as under: "

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The aforesaid interim Arbitral Award/Order was challenged before this Court in ARB.A.(COMM.) 35/2024, and order dated 31st May, 2024 came to be passed, in the following manner:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Thus, perusal of the aforesaid order dated 31st May, 2024, shows that the Judgment Debtor ("JD") has consented for payment of the arrears for the period from 01st May, 2023 to 31st May, 2024, as directed by the learned Sole Arbitrator, in six monthly installments. 5.

The present proceedings have been continued, since it is the case on behalf of the Decree Holder ("DH") that in terms of the order dated 31st May, 2024, passed as aforesaid, the JD has paid only two installments. 6.

Per contra, learned Senior Counsel appearing for the JD submits that the JD is making every effort to comply with the directions of the learned Arbitrator, as well as this Court. He submits, on instructions, that the JD shall pay the requisite amount of Rs. 90,92,235/- (Rupees Ninety Lakhs Ninety Two Thousand Two Hundred and Thirty Five) to the DH in six monthly equated installments of Rs. 15,15,372.5/- (Rupees Fifteen Lakhs Fifteen Thousand Three Hundred Seventy Two and Fifty Paisa), each. 7.

At this stage, learned counsel appearing for the DH submits that some cheques, as given earlier by the JD in some other proceedings, were dishonored.

Responding to the same, learned Senior Counsel appearing for the JD, on instructions, submits that the JD shall give Demand Drafts ("DDs")/carry out online bank transfers of the equated installments to the DH, on or before the 07th day of each month.

Learned Senior Counsel appearing for the JD gives an unequivocal undertaking before this Court on behalf of the JD, through its authorized representative who is present in Court, regarding the payments to be made. 10.

The aforesaid undertaking is accepted and the JD is held bound by the said undertaking.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Learned Senior Counsel appearing for the JD draws the attention of this Court to an order dated 29th April, 2025 passed in OMP(ENF.)(COMM) 10/2025, titled as "Ircon Infrastructure Services Ltd. Versus Madurai Multi Functional Complex Private Limited", and in particular, relies upon paragraphs 23 to 25, which are reproduced as under: "xxx xxx xxx xxx xxx xxx"

12.

By relying upon the aforesaid order, learned Senior Counsel appearing for the JD submits that a similar order be passed in the present matter.

13.

Learned counsel appearing for the DH submits that he has no objection if similar order is passed in the present petition as well. 14.

Accordingly, it is directed that the JD shall pay the amount in terms of interim Arbitral Award/Order dated 14th May, 2024, as modified by this Court vide order dated 31st May, 2024, as noted hereinabove, in six equated monthly installments in the form of DDs/ online bank transfers, which shall be paid by the 07th day of each month.

15.

Further, it is directed that the DH will issue invoices to the JD, which shall record the word 'rent' in place of 'user charges'. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

16.

The invoices, as issued, may record that the matter is pending before the Arbitral Tribunal and the invoices are being issued in the interregnum. 17.

Needless to state, the issuance of these invoices will not prejudice the DH in its claims and pleas before the Arbitral Tribunal. 18.

Liberty is granted to the DH to revive the present petition, in case of any default by the JD.

19.

Accordingly, with the aforesaid directions, the present petition, along with the pending applications, stands disposed of. MINI PUSHKARNA, J JANUARY 15, 2026/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.