M/S Goyala Infra Projects Pvt Ltd v. Union Of India

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 278/2024 M/S GOYALA INFRA PROJECTS PVT LTD .....Decree Holder Through:

Mr. Kushagra Bansal, Advocate versus UNION OF INDIA .....Judgement Debtor Through:

Mr. Bhagvan Swarup Shukla CGSC with Mr. Sarvan Kumar, Adv. for UOI (thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 30.01.2025 EX.APPL.(OS) 183/2025 (Application under Section 36 of the Arbitration and Conciliation Act, 1996 r/w Section 151 CPC) 1.

This application seeks the release of decretal amount deposited by the Judgement Debtor ('JD') pursuant to directions issued by this Court by order dated 2nd December 2024, passed in OMP (COMM.) 513/2024. 2.

Petition under Section 34 of the Arbitration and Conciliation Act ('A&C Act') was filed by the Union of India (UOI) against the Arbitral Award dated 17th May 2024.

3.

Orders were passed by this Court on 2nd December 2024, directing JD to deposit the entire decretal amount along with up-to-date interest. The said amount has been deposited in the Court.

4.

Decree Holder ('DH') seeks release of the said amount pending adjudication of the Section 34 petition on furnishing security/bank guarantee for the release of the said amount.

5.

It is stated that the DH is a Civil Contractor who is engaged in the 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 03/02/2025 at 12:33:09

execution of civil works of government agencies, and this amount can be utilised in other project sites.

6.

In view of these facts and circumstances, the application is allowed. 7.

The Registry is directed to release the decretal amount in favour of DH along with accrued interest thereon, subject to adequate security/bank guarantee to the satisfaction of the Registrar General of this Court. 8.

Application stands disposed of accordingly.

OMP (ENF.) (COMM.) 278/2024 1.

In view of above directions, this petition has become infructuous and is disposed of accordingly.

2.

Needless to state, DH is at liberty to approach this Court in the event there is any shortfall in the interest component. 3.

Date of 28th February 2025, fixed earlier, stands cancelled. 4.

Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 30, 2025/sm/tk 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 03/02/2025 at 12:33:09