True Zone Buildwell Pvt Ltd v. Anil Kumar

$~16 to 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 384/2018 + O.M.P.(I) (COMM.) 385/2018 + O.M.P.(I) (COMM.) 386/2018 + O.M.P.(I) (COMM.) 411/2018 TRUE ZONE BUILDWELL PVT LTD ..... Petitioner Through:

Mr.Akshay Ringe, Mr.Siddharth Joshi, Advs.

versus ANIL KUMAR ..... Respondent DHARAMVEER ..... Respondent SH.SEWA SINGH ..... Respondent SAJJAN KUMAR ..... Respondent Through:

Mr.Shish Pal Laler, Adv. in OMP(I) (COMM) 384-85/2018.

Ms.Jyoti Nagpal and Ms.Aishwarya, Advs. in OMP(I) (COMM) 386/2018 & 411/2018.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 17.12.2018 Learned counsels for the respondents pray for time to file reply. In view of the order that is proposed to be passed in the present petitions, I do not deem it necessary to await the reply in these petitions. These petitions have been filed on the basis of the Arbitral Awards directing the respondents to make payments as mentioned therein. The petitioner has filed the present petitions stating that the respondents are likely to receive compensation from the State of Haryana or any other

competent authority for acquisition of their respective lands and in order to ensure that the petitioner is not left remediless, the order of interim protection be passed towards this compensation. This Court by its ad-interim ex parte order had restrained the respondents from receiving any compensation from the State of Haryana or other appropriate authority concerned with the land acquisition proceedings and further directed that incase the sum has already been received after the date of the Arbitral Award, the same be deposited with the Registry of this Court.

As the Award(s) is to abide by further directions as may be passed in a challenge made by either party to the same by way of appropriate proceedings or through enforcement proceedings filed by the petitioner, it is deemed appropriate that the interim order be continued for a further period of twelve weeks from today, leaving it open to either party to obtain appropriate order from the competent Court for further extension/modification thereof.

I may only clarify that the above directions are only limited to the awarded amount. Once the awarded amount is deposited in the Court in terms of this order, the respondents shall be free to appropriate any additional amount, if received.

The petitions are disposed of in the above terms. There shall be no order as to cost.

Dasti.

NAVIN CHAWLA, J DECEMBER 17, 2018/Arya