Sonal Nayak @ Sonal Vipul Nayak v. Kng Natural Gas Conversions Pvt Ltd And 2 ORS

24.

1-CONPL153-19.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) NO. 153 OF 2019 Sonal Nayak Alias Sonal Vipul Nayak

...Petitioner

Versus

KNG Natural Gas Conversions Pvt Ltd & Ors

...Respondents

Ms Sweeta Singh, i/b Atul Singh for the Petitioner.

Ms Kausar Banatwala, i/b Madhavi Sharma for the Respondents.

CORAM:

G.S. PATEL, J.

DATED:

13th January 2020 PC:- 1.

The Contempt Petition is misconceived.

2.

By an Arbitral Award under Section 17 of the Arbitration and Conciliation Act 1996 passed on 23rd December 2018, the learned sole Arbitrator directed the Respondents to deposit Rs. 17 lakhs with interest at 9% per annum. The Respondents have not made that deposit.

3.

There are also certain further orders of costs. 4.

The learned Advocate for the Respondents states that costs will be paid in the course of the week. This is noted. 13th January 2020

24.

1-CONPL153-19.DOC 5.

Failure to make the deposit ordered by the sole Arbitrator will not constitute contempt. The remedies of the Petitioner in this Contempt Petition lie elsewhere.

6.

The Contempt Petition is dismissed.

7.

Liberty to the Petitioner to adopt appropriate proceedings for enforcement of the Arbitrator's order passed under Section 17 of the Arbitration and Conciliation Act 1996.

8.

Vakalatnamas on behalf of the Respondents in the Contempt Petition and in the Arbitration Petition to be filed in the registry within one week.

(G. S. PATEL, J) 13th January 2020