M/S Krystal Oversease v. M/S Antony Grage Pvt Ltd

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 183/2025 M/S KRYSTAL OVERSEASE .....Petitioner Through:

Mr. Manish Kaushik, Mr. Mishal Johari and Mr. Ajit Singh Joher, Advocates.

versus M/S ANTONY GRAGE PVT LTD .....Respondent Through:

Mr. Sushil Dutt Salwan, Senior Advocate with Mr. Aditya Garg, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 21.05.2025 1.

This petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking a direction to restrain the Respondent from withdrawing the awarded amount of Rs.8,94,86,179.22/- from Pune Mahanagar Parivahan Maha Mandal Ltd. or in the alternative in case the amount is already withdrawn, for a direction to preserve the awarded amount in its bank accounts.

2.

Mr. Sushil Dutt Salwan, learned Senior Counsel for the Respondent, on instructions, submits that as and when the payment is received from Pune Mahanagar Parivahan Maha Mandal Ltd., Respondent will not utilize the awarded amount i.e., Rs.8,94,86,179.22/-, however, in case objections are preferred against the Arbitral Award dated 19.03.2025, Respondent will be free to utilize the said amount. It is urged that this stand is taken by the Respondent without prejudice to its right to challenge the Arbitral Award O.M.P.(I) (COMM.) 183/2025 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 01/07/2025 at 16:25:00

and raise all contentions in the said petition, as and when filed. 3.

Accordingly, this petition is disposed of, taking on record the stand of the Respondent that the awarded amount in the sum of Rs.8,94,86,179.22/- shall not be utilised by the Respondent and will be retained in its bank accounts. If and when the objections are filed by the Respondent challenging the Arbitral Award dated 19.03.2025, it would be for the concerned Court to pass further orders. However, till any further order by any Court, the aforementioned amount will be retained in the bank accounts of the Respondent.

4.

This order is passed without prejudice to the rights and contentions of the respective parties. It is made clear that this Court has not expressed any opinion on the merits of the case.

JYOTI SINGH, J MAY 21, 2025/shivam O.M.P.(I) (COMM.) 183/2025 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 01/07/2025 at 16:25:00