Jcl Infra Ltd v. Union Of India

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 124/2015 and EA(OS) Nos. 950/2015, 963/2015 & 55/2017 JCL INFRA LTD ..... Decree Holder Through:

Mr Faiyaz Hasan, Mr Ali Anwar and Mr Varun Kapur, Advocates.

versus UNION OF INDIA ..... Judgement Debtor Through:

Mr Joydeep Mazumdar and Mr Debojyott Bhattacharya, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.01.2017 1.

This is a petition filed for enforcement of an Arbitral Award dated 19.11.2014. The learned counsel for the parties state that the Judgment Debtor's petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') assailing the aforementioned award has been dismissed.

2.

The learned counsel for the parties further state that in terms of the order dated 05.10.2015, the Judgment Debtor has deposited a sum of ₹56,12,767/- with the Registry of this Court towards part satisfaction of the decretal amount. In view of the fact that Judgment Debtor's petition under Section 34 of the Act has been rejected, there can be no objection for the release of the aforesaid amount to the Decree Holder. It is, accordingly, directed that the Registrar General of this Court shall release the amount deposited by the Judgment Debtor along with accrued interest to the Decree Holder within a period of one week from today.

3.

It is further seen that the amount involved in this case is below the pecuniary jurisdiction of this Court and accordingly, the petition is required to be transferred to the District Court.

4.

In view of this, the petition is transferred to the Court of the Learned District & Sessions Judge, (New Delhi District), Patiala House Courts, New Delhi.

5.

List on 22.03.2017 before the concerned Court. VIBHU BAKHRU, J JANUARY 31, 2017 RK