Agricultural Produce Market Committee v. Cdr Sp Puri Retd Sole Proprieto R Ms Spiral Services Having Office at & Anr

O R D E R %

07.11.2024

¶1This is a petition filed under section 36 of the Arbitration and Conciliation Act, 1996 seeking execution of the Award dated 23.07.2015.

¶2Ms Ahlawat, learned standing counsel for the decree-holder states that substantial part of the Award has been executed except the plant and machinery of the judgment debtor lying at six acres of land owned by the decree holder.

¶3In this regard, she has drawn my attention to para 119 of the Award and the operative part reads as under: "119. …. The claimant is further directed to remove his belongings including This is a digitally signed order. plant and machinery from the site within 30 days from the date of this Award. It is further held that in case the claimant fails to remove his said belongings and / or fails to hand over the vacant possession of the room at the entry gate no. 01 within the stipulated period, the respondent shall be entitled to recover damages @ Rs.40,000/- per month till the claimant removes the belongings and hands over the vacant possession of the room."

¶4It is stated that there is no stay on the operation of the Award and the petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been dismissed. Hence, the Award has become a decree of the court.

¶5In addition, there is nobody appearing on behalf of the judgment-debtor.

¶6Therefore, the decree-holder is entitled to sell/auction the belongings including plant and machinery lying at six acre of land owned by the decree-holder. An affidavit of the amount realized from the sale of that plant and machinery shall be filed in court.

¶7Since the decree-holder is already in possession of the six acre of land, no further directions are required in this regard.

¶8With respect to recovery of money for use and occupation charges, the decree-holder is granted leave to file a fresh execution/revive his execution as and when circumstances so warrant.

¶9The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 7, 2024 sr This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 178/2021 AGRICULTURAL PRODUCE MARKET COMMITTEE .....Decree Holder Through: Mrs Avnish Ahlawat, Standing Counsel for APMC with Mr Nitesh Kumar Singh, Ms Laavanya Kaushik, Ms Aliza Alam, Mr Mohnish Sehrawat, Advs. versus CDR SP PURI RETD SOLE PROPRIETO R MS SPIRAL SERVICES HAVING OFFICE AT & ANR. .....Judgement Debtors Through: None. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH