Technofab Engineering Ltd. v. Steel Authority Of India Ltd.

$~124 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 884/2024 & CM APPL. 31720/2024 TECHNOFAB ENGINEERING LTD.

..... Petitioner Through:

Mr. Ravi Ranjan, Adv.

M: 9971495605 Email: raviranjanllb@gmail.com versus STEEL AUTHORITY OF INDIA LTD.

..... Respondent Through:

Mr. Alakh Kumar, Adv.

M: 9811063763 Email: alakhkumar.scorpio16

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 27.05.2024 CM APPL. 31720/2024 (For Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

CONT.CAS(C) 884/2024 3.

The present petition has been filed alleging willful disobedience of the order dated 30th April, 2024 passed in O.M.P. (ENF.) (COMM) No. 79/2023, wherein, it had been directed that the respondent, being the Judgment Debtor, shall make the payment of the awarded amount with up-to-date interest to the Decree Holder, within two weeks from the date of the award, in case the award is not stayed, varied or modified. 4.

Mr. Alakh Kumar, learned counsel appearing for the respondent has 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 03/06/2024 at 11:41:28

put in appearance today and submits that the Arbitral Award dated 15th June, 2020, has already been stayed by the Calcutta High Court vide order dated 16th May, 2024 in FMAT(ARBAWARD) No. 20/2024, in an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The order dated 16th May, 2024 passed by the learned Division Bench of Calcutta High Court, is taken on record.

5.

At this stage, learned counsel appearing for the petitioner submits that the petitioner was not aware of the said order passed by the Calcutta High Court, and that he has been served with a copy of the order only today, during the course of hearing of the present petition. 6.

Learned counsel appearing for the petitioner further submits that the appeal filed by the respondent before the Calcutta High Court, is not maintainable, as the company is facing Corporate Insolvency Resolution Process ("CIRP") proceedings.

7.

Be that as it may, considering the fact that the Arbitral Award dated 15th June, 2020 stands stayed as of today, no orders can be passed in the present proceedings, for the time being.

8.

Accordingly, the present petition is disposed of, with liberty to the petitioner to revive the present petition, in case the grievance of the petitioner still survives.

MINI PUSHKARNA, J MAY 27, 2024 ak 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 03/06/2024 at 11:41:28