Fitwell Constructions v. Bharat Heavy Electricals Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 128/2023 FITWELL CONSTRUCTIONS ..... Decree Holder Through:

Mr. A. Karthik, Mr. Arsh Khan, Ms.

Gunjan Rathore and Ms. Smrithi Suresh, Advocates (M:

8447364669).

versus BHARAT HEAVY ELECTRICALS LIMITED..... Judgement Debtor Through:

Mr. Kartik Nayar and Mr. Kashish Bansal, Advocates (M:

7009653585).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 04.04.2024 1.

This hearing has been done through 2.

This matter has been received on transfer. This is a petition under Section 36 of the Arbitration and Conciliation Act, 1996, seeking release of the decretal amount of Rs. 9,53,55,992/- along with interest at the rate of 9.85% p.a. from the date of the award dated 8th February, 2023. 3.

Ld. Counsel for the Bharat Heavy Electricals Limited (hereinafter, 'BHEL') submits that BHEL is willing to deposit the awarded amount with the worthy Registrar General. The amount is ready by way of a demand draft. Let the same be deposited with the worthy Registrar General of this Court within one week.

4.

In view of the fact that deposit has been directed, the execution petition is disposed of. The amount shall be kept in an FDR in auto renewal 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 06/04/2024 at 12:02:36

mode. After the decision in the OMP (COMM) 292/2023, under Section 34 of the Arbitration and Conciliation Act, 1996, if there are any further orders to be passed for execution of the award, the decree-holder is permitted to avail of its remedies.

5.

The Execution petition is disposed of with all pending applications, if any.

PRATHIBA M. SINGH, J.

APRIL 4, 2024 mr/dn 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 06/04/2024 at 12:02:36