Airports Authority Of India,Represented By Its Regional Executive Director v. Sai Balaji Food And Beverages(India) Pvt Ltd.,
C.SARAVANAN, J.
This application has been filed by the applicants, who were the petitioners before the Court in O.P.No.480 of 2018. 2.O.P.No.480 of 2018 was filed against award dated 14.10.2017 passed by the learned Arbitrator under Section 34 of the Arbitration and Conciliation Act, 1996.
3.Pursuant to an interim order dated 20.06.2018, the applicants / petitioners had deposited a sum of Rs.9,41,222/- by way of Fixed Deposit. O.P.No.480 of 2018 was disposed of by holding that the respondent / claimant was entitled to receive a sum of Rs.9,41,222/-. At the same time, the Court also held that the respondent / claimant was liable to pay a liquidated damage of Rs.3,00,000/- to the applicants / petitioners.
4.The question of directing the Registry to hand over the original deposit receipt bearing FDR No.219035 dated 13.07.2018 for a sum of 1/3
Rs.9,41,222/- drawn on Vijaya Bank, Meenambakkam Branch cannot be countenanced as the amount was directed to be deposited as a security. The respondent / claimant has to file appropriate application for enforcing the award. The amount will have to be transferred to the account of E.P. to be filed by the respondent / claimant. 5.Under these circumstances, the question of returning the securities furnished by the applicants / petitioners (respondents) pursuant to the aforesaid order does not arise.
6.The respondent/claimant is given liberty to move appropriate application for payment out and / or for transferring the amount covered by deposit receipt bearing FDR No.219035 dated 13.07.2018 before the Court executing the award.
7.In view of the above, this application is closed. 09.10.2023 krk Index : Yes / No Internet : Yes / No 2/3
C.SARAVANAN, J.
krk 09.10.2023 3/3