Union Of India Through Director General, Married Accommodation Project v. M/S Rishabh Constructions Pvt Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB. A. (COMM.) 40/2023 and I.A. 20581/2023-20583/2023 UNION OF INDIA THROUGH DIRECTOR GENERAL, MARRIED ACCOMMODATION PROJECT ..... Appellant Through:

Ms Shiva Lakshmi (CGSC), Mr Madhav Bajaj, Mr Arani Chaudhury, Advs. (M: 9582829588) versus M/S RISHABH CONSTRUCTIONS PVT LTD ..... Respondent Through:

Mr. Dinesh Kumar Mishra and Mr B.

K. Sharma, Advs. (M. 9314036410)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 13.02.2024 1.

This hearing has been done through hybrid mode. 2.

The present appeal challenges the impugned order dated 18th July, 2023, passed under Section 17 of the Arbitration and Conciliation Act, 1996 by the ld. Sole Arbitrator. By the impugned order, bank guarantee which was withheld by the Appellant- Union of India has been released to the Respondent i.e., Claimant- M/s Rishabh Constructions Pvt. Ltd., and the Union of India has challenged the same. The said order also directed the UOI, that the amount of Rs.31,22,308.00/- of the final bill shall be paid in favour of M/s. Rishabh Constructions Pvt. Ltd as an interim relief. 3.

When the matter was taken up for hearing, ld. Counsel for the Respondent has placed before the Court the final award which has been passed by the Sole Arbitrator dated 6th February, 2024, which is of 185 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 17/12/2024 at 15:03:30

pages and has been signed by the Arbitrator Mr. Jagdish Rai. Copy of the final award has been received by the Respondent. However, the Appellant has not received the copy of the said award.

4.

Considering the fact that final award itself has been passed, appeal is disposed of leaving the Appellant to avail of its remedies in accordance with law.

If there is any dispute in respect of non-receipt of the final award, which has been passed, Appellant is free to approach this Court 5.

Appeal and petition are disposed of in the above terms. Challenge, if any, to the final award may also now be raised in accordance with law. All pending applications are also disposed of.

PRATHIBA M. SINGH, J.

FEBRUARY 13, 2024/dk/ks 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 17/12/2024 at 15:03:30