High Court of DelhiO.M.P.(I) (COMM.)/178/2016

M/S Goyal Mg Gases Pvt Ltd v. M/S Nepc India Ltd & Another

2016-11-10Hon'Ble Dr. Justice S.Muralidhar3 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 24.

+ O.M.P.(I) (COMM.) 178/2016 & IA 7137/2016 GOYAL MG GASES PVT LTD.

..... Petitioner Through: Mr. Tarun Singla, Advocate.

versus NEPC INDIA LTD & ANOTHER ..... Respondents Through: Ms. Mishika Singh, Advocate.

WITH 25.

+ O.M.P.(I) (COMM.) 180/2016 & IA 6666/2016 MORGAN VENTURES LTD.

..... Petitioner Through: Mr. Tarun Singla, Advocate.

versus NEPC INDIA LTD & ANOTHER ..... Respondents Through: Ms. Mishika Singh, Advocate.

WITH 26.

+ O.M.P.(I) (COMM.) 181/2016 & IA 6665/2016 MORGAN VENTURES LTD.

..... Petitioner Through: Mr. Tarun Singla, Advocate.

versus NEPC INDIA LTD & ANOTHER ..... Respondents Through: Ms. Mishika Singh, Advocate.

O.M.P. (I) (Comm.) Nos. 178/2016, 180/2016, 181/2016,182/2016 & 183/2016 Page 1 of 3

WITH 27.

+ O.M.P.(I) (COMM.) 182/2016 & IA 6664/2016 GOYAL MG GASES PVT LTD.

..... Petitioner Through: Mr. Tarun Singla, Advocate.

versus NEPC INDIA LTD & ANOTHER ..... Respondents Through: Ms. Mishika Singh, Advocate.

AND 28.

+ O.M.P.(I) (COMM.) 183/2016 & IA 7136/2016 GOYAL MG GASES PVT LTD.

..... Petitioner Through: Mr. Tarun Singla, Advocate.

versus NEPC INDIA LTD & ANOTHER ..... Respondents Through: Ms. Mishika Singh, Advocate.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 10.11.2016

1. It is stated that the petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') filed by the Respondent is still pending.

2. Learned counsel for the Petitioner states that the said petition has been opposed on the ground that it has been filed before a Court which lacks O.M.P. (I) (Comm.) Nos. 178/2016, 180/2016, 181/2016,182/2016 & 183/2016 Page 2 of 3

territorial jurisdiction as well as on other grounds.

3. The present petitions under Section 9 of the Act have been filed for interim reliefs against the Petitioner at the post-Award stage.

4. Having heard learned counsel for the parties, the Court directs that in O.M.P. (I) (Comm.) Nos. 178/2016 and 183 of 2016 the order dated 12th December 2012 coupled with the order dated 31st May 2016, and in O.M.P. (I) (Comm.) Nos. 180 of 2016, 181 of 2016 and 182 of 2016 the order dated 12th December 2012 coupled with the order dated 25th May 2016, as corrected by the order dated 29th August 2016 and which records the statement of the Respondent regarding securing of the amounts realised from the debtors and its assets and not creating any third party interests in respect of the immovable property in terms of the affidavit of Respondent No.1 dated 1st March 2016, is directed to continue for a period of four weeks after the disposal of the petition under Section 34 of the Act.

5. The petitions and the applications are disposed of in the above terms. S. MURALIDHAR, J NOVEMBER 10, 2016 dn O.M.P. (I) (Comm.) Nos. 178/2016, 180/2016, 181/2016,182/2016 & 183/2016 Page 3 of 3