Rajshi Financial & Investment Company Pvt. Ltd. v. Root Havong & ORS.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) 25/2015 & IA No.4486/2017 RAJSHI FINANCIAL & INVESTMENT COMPANY PVT. LTD.

..... Petitioner Through:

Ms Poonam Gupta, Advocate.

versus ROOT HAVONG & ORS.

..... Respondents Through:

Ms Rishi Manchanda, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU % 11.05.2017

O R D E R

1.

This is an application filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996, (hereafter the 'Act' ), inter alia, praying as under:- "a) direct the respondents to pay the rent for the months of November 2014 and December 2014 with interest@ 24% per annum.

b) Direct the respondents to pay mesne profits and damages for illegal use and occupation w.e.f. January, 2015 till vacation@ Rs.5 Lac per month.

c) Attach the bank account bearing no.10672000001356 in HDFC Bank, Vikas Puri, New Delhi-11 0058 in the name of Bann Huff London, sister concern of respondents. d) Any other order which this Hon'ble Court deems just & proper."

2.

The parties had resolved their disputes and in terms of their settlement, a consent award dated 10.03.2016 was made by the Sole

Arbitrator. The said award has become final and there is no dispute that in terms of the award the respondent is liable to make certain payments. The grievance of the petitioner is that the admitted amounts have not been discharged as yet. In the circumstances, it is directed that the interim order dated 11.09.2015 insofar as it attaches respondents' property bearing no.C68, Vikas Puri, New Delhi shall continue for a further period of two months enabling the petitioner to file an appropriate application for enforcement of the consent award.

3.

The present petition is disposed of with the aforesaid observations. VIBHU BAKHRU, J MAY 11, 2017 MK