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High Court of DelhiO.M.P.(I) (COMM.)/160/2016

State Trading Corporation Of India v. Metro Machinery Traders & ORS.

2024-01-29Hon'Ble Mr. Justice Prateek Jalan3 pages

$~16 & 17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 160/2016 STATE TRADING CORPORATION OF INDIA ..... Petitioner versus METRO MACHINERY TRADERS & ORS.

..... Respondents + OMP (ENF.) (COMM.) 172/2018, EX.APPLs.(OS) 558/2020, 568/2020, 3183/2022, 3768/2022, 3771/2022, 1222/2023, 12241225/2023, I.As. 426/2019, 3036/2019 STATE TRADING CORPORATION OF INDIA LTD.

..... Decree Holder versus METRO MACHINERY TRADERS AND ORS.

..... Judgement Debtors Appearance:- Mr. Dinesh Agnani, Senior Advocate with Ms. Leena Tuteja & Ms. Ishita Kadyan, Advocates for State Trading Corporation of India Ltd. in Item Nos. 16 & Mr. Sanjay Katyal, Mr. D.C. Agarwal & Mr. Nihal Singh, Advocates for JD No. 2 in Item Nos. 16 & 17. Mr. I. Ahmed, Advocate for Mr. S.D. Ansari, Advocate for JD No. 3G in Item No. 17.

Mr. Saurabh Kirpal, Senior Advocate with Mr.

Pratyush Sharma & Mr. Sahil Azam, Advocates for respondent No. 5 in Item No. 16 and JD No. 5 in Item No. 17.

Mr. Manish Makhija, Ms. Simran Makhija, Advocates for JD-6 in Item No. 16.

Mr. Kuljeet Rawal & Mr. Aditya Joshi, Advocates for JD-7 in Item Nos. 16 & 17 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.01.2024 O.M.P.(I) (COMM.) 160/2016 1.

This is a post award petition under Section 9 of the Arbitration and Conciliation Act, 1996 ["the Act"] seeking directions towards securing the amount awarded by the learned arbitrator vide an award dated 11.06.2010. By an order dated 15.07.2015, this Court directed that the interim orders dated 22.05.2006 and 19.10.2006 passed by this Court in pre-arbitration petition under Section 9 of the Act being O.M.P. 232/2006 would continue as security to the petitioner for the awarded amount. 2.

The petitioner has since filed proceedings for enforcement of the award.

3.

Mr. Saurabh Kirpal, learned Senior Counsel for the judgment debtor No.5, states that the orders dated 22.05.2006 and 19.10.2006 in O.M.P. 232/2006 may continue, subject to the affidavits filed by the respondents pursuant to the order of this Court dated 15.07.2015. 4.

The petition is disposed of with a direction in these terms, and subject to further orders in the enforcement proceedings. OMP (ENF.) (COMM.) 172/2018 1.

The respondent - judgment debtors have been directed to deposit a sum of ₹20 crores into Court. This has not been done. 2.

Judgment debtors have all filed affidavit of assets. 3.

A list of the assets of the judgment debtors is given in the decree holder's application EX.APPL.(OS) 1224/2023.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the decree holder is directed to file tabular chart of the properties in question in respect of which he seeks attachment and sale alongwith references to the objections taken by the concerned judgment debtors and place the same on the electronic file of the Court. 5.

List on 06.05.2024.

PRATEEK JALAN, J JANUARY 29, 2024 'pv'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.