Kalpataru Projects International Limited v. Bharat Petroleum Corporation Limited

$~80 & 81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 424/2023 BHARAT PETROLEUM CORPORATION LIMITED .....Petitioner Through:

Mr. Abhishek Gupta, Mr. Abhinav Jha and Mr. Rajeev Kumar Yadav. Advocates.

versus KALPATRU POWER TRANSMISSION LIMITED .....Respondent Through:

Dr. Amit George, Ms. Nishtha Jain, Mr. Dushyant Kishan Kaul and Mr. Anant Shukla, Advocates.

+ OMP (ENF.) (COMM.) 168/2024 KALPATARU PROJECTS INTERNATIONAL LIMITED .....Decree Holder Through:

Dr. Amit George, Ms. Nishtha Jain, Mr. Dushyant Kishan Kaul and Mr. Anant Shukla, Advocates.

versus BHARAT PETROLEUM CORPORATION LIMITED .....Judgement Debtor Through:

Mr. Abhishek Gupta, Mr. Abhinav Jha and Mr. Rajeev Kumar Yadav. Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 12.08.2025 OMP (ENF.) (COMM.) 168/2024 1.

This petition is filed on behalf of the Decree Holder/Respondent in O.M.P. (COMM) 424/2023 under Section 36 of Arbitration and Conciliation O.M.P. (COMM) 424/2023 and connected matter 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 23/08/2025 at 12:09:14

Act, 1996 ('1996 Act') read with Order XXI Rules 10 and 11 CPC seeking enforcement and execution of arbitral award dated 27.02.2023 as corrected by order dated 26.04.2023, passed by the learned Sole Arbitrator. 2.

Dr. Amit George, learned counsel appearing for the Decree Holder submits that in O.M.P. (COMM) 424/2023, filed by the Judgment Debtor, Court had stayed the enforcement of the impugned award, subject to deposit of awarded amount along with upto date interest in this Court within four weeks, however, Judgment Debtor has failed to deposit the complete amount and this position was highlighted by the Decree Holder on 06.08.2024 before the Court. It is submitted that the balance amount, which remains to be deposited as on 11.08.2025, after making adjustments, is Rs.3,81,21,155/. It is thus urged that the arbitral award be enforced as there is no stay order operating as of date.

3.

Learned counsel for the Judgment Debtor, on instructions, undertakes that the balance amount will be deposited in the Court within eight weeks from today. The assurance is taken on record and in light of this, present petition is disposed of with liberty to the Decree Holder to revive the petition in case of failure of the Judgment Debtor to abide by the assurance/undertaking.

O.M.P. (COMM) 424/2023 & I.As. 19986/2023, 19988/2023 4.

List on 12.12.2025.

JYOTI SINGH, J AUGUST 12, 2025 S.Sharma/Ch O.M.P. (COMM) 424/2023 and connected matter 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 23/08/2025 at 12:09:14