Mukesh and Associates v. Union of India

O R D E R %

20.11.2024

¶1Learned counsel appearing for the decree holder submits that the requisite amount payable by the judgment debtor to the decree holder has already been deposited by the judgment debtor in this Court. He draws attention to the fact that the judgment debtor has filed its calculations in terms of the order dated 07.10.2024. It is submitted that the decree holder accepts the said calculations and does not wish to press for any additional amount to be deposited by the judgment debtor. This is a digitally signed order. 2. Attention is further drawn to the order dated 15.10.2024 passed in FAO(OS) (COMM) 233/2024, wherein, a Division Bench of this Court has not granted any stay against the operation or execution of the judgment dated 30.01.2024 [ whereby the Section 34 petition was disposed of] or the arbitral award of which execution is sought in the present proceedings.

¶3The decree holder has already been permitted to withdraw the amount deposited by the judgment debtor vide order dated 18.07.2024.

¶4It is also submitted that Performance Security Nos.0080/ILG/37/15 and IBG61334 and Advance Bank Guarantee Nos.00903BGE19000003 and 1BG61628, which were directed to be returned to the decree holder under the arbitral award have already expired and no claim survives against the said performance securities and bank guarantees.

¶5In the circumstances, no further orders are required to be passed in the present enforcement petitions and the same are, accordingly, disposed of. All pending applications are also disposed of.

¶6Needless to say, the withdrawal of the amount by the decree holder shall be subject to the final order/s that may be passed in the aforesaid FAO(OS) (COMM) 233/2024.

SACHIN DATTA, J NOVEMBER 20, 2024/r This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 136/2020, EX.APPLS.(OS) 676/2024, 1088/2024, 1613/2024 (56) MUKESH AND ASSOCIATES .....Decree Holder Through: Mr. S. Santanam Swaminandhan and Mr. Darsh Bansal, Advocates. versus UNION OF INDIA .....Judgement Debtor Through: Mr. Rajesh Gogna CGSC along with Ms. Priya Singh and Mr. Nipun Jain, Advocates. (through VC) + OMP (ENF.) (COMM.) 137/2020, EX.APPLS.(OS) 627/2024, 1089/2024, 1614/2024 (57) MUKESH AND ASSOCIATES .....Decree Holder Through: Mr. S. Santanam Swaminandhan and Mr. Darsh Bansal, Advocates. versus UNION OF INDIA .....Judgement Debtor Through: Mr. Rajesh Gogna CGSC along with Ms. Priya Singh and Mr. Nipun Jain, Advocates. (through VC) CORAM: HON'BLE MR. JUSTICE SACHIN DATTA