Raghunath Builders Pvt Ltd v. Anant Raj Ltd

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 48/2024 & EX.APPL.(OS) 315/2024 RAGHUNATH BUILDERS PVT LTD ..... Decree Holder Through:

Mr Ujjal Banerjee and Mr Akash Khurana, Advs.

versus ANANT RAJ LTD ..... Judgement Debtor Through:

Mr Rakesh Lakra, Ms Shivani Kher and Mr Bhavya Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 27.02.2024 1.

This is a petition seeking enforcement of the Arbitral Award dated 09.09.2017 passed in Arbitration Petition No. 29/2015 titled 'Anant Raj Ltd. v. Raghunath Builders Pvt. Ltd.'.

2.

As per the Award, the decree-holder was directed to refund a sum of Rs. 1,50,00,000/- (Rupees One Crore Fifty lakhs only) to the judgmentdebtor and the judgment-debtor was to remove its employees, security personnel, representatives and others from the project land within a period of four weeks from the date of the Award.

3.

The judgment-debtor challenged the Award by filing a 34 petition being O.M.P. (COMM) 368/2017 which was allowed by a Coordinate Bench of this Court.

4.

The decree-holder challenged the same by filing an appeal under 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 01/03/2024 at 11:20:59

Section 37 of the Arbitration & Conciliation Act being FAO(OS)(COMM) 220/2017 which was allowed vide order dated 08.11.2023 and the Award was upheld.

5.

The SLP preferred by the judgment-debtor against the order dated 08.11.2023 was also dismissed. For the said reasons, the Award has attained finality.

6.

Mr Banerjee, learned counsel for the decree-holder has handed over a cheque No. 000484 dated 27.02.2024 drawn on Bank of Baroda in the sum of Rs. 1,50,00,000/- (Rupees One Crore Fifty lakhs only) in favour of the judgment-debtor. The cheque on presentation will be honoured. 7.

Mr Lakra, learned counsel for the judgment-debtor states that the judgment-debtor shall remove all its employees, security personnel, representatives and others from the project land i.e. 'Jaipuria Mills' situated at 6926, Clock Tower, Subzi Mandi, Delhi within a period of four weeks from today.

8.

Taking the statement of Mr Lakra, learned counsel for the judgmentdebtor on record and binding the judgment-debtor to the same, the petition is disposed of.

9.

In case the order passed today is not complied with by the judgmentdebtor, the decree-holder shall be entitled not only to revive the proceedings but also initiate contempt action.

JASMEET SINGH, J FEBRUARY 27, 2024 sr Click here to check corrigendum, if any 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 01/03/2024 at 11:20:59