New Delhi [India], January 7 (ANI): The Patiala House Court on Tuesday extended the interim stay on the attachment of Bikaner House as the amount of Rs 92 lakh has been deposited by Nagar Palika Nokha, Rajasthan in the court.
Nagar Palika Nokha, Rajasthan has submitted Rs 92 lakhs and 24 thousand in the court.
Meanwhile, it has also said that they have moved to challenge the award order before the Delhi High court.
District Judge (Commercial) Vidya Prakash granted one week time to Nagar Palika to place on record if they get any stay from the High Court, otherwise the amount will be released in favour of company
M/s Enviro Infra Engineers Pvt. Ltd.
Meanwhile, advocate Sahil Garg, the counsel for company, submitted before the court there is a mismatch and deficiency in the amount deposited.
The court asked the opposite counsel to clarify the mismatch also by the next date. The court also asked the counsel for Statement of Rajasthan to argue on their objections in relation to the order passed by the court. The next date of hearing is February 1, 2025.
This matter is related to an arbitration award passed in the favour of a company for work done by it for Nagar Palika. On November 29, the court had granted a conditional stay on attachment of Bikaner House. This stay was subject to depositing the due amount within a week.
This Matter is related to an arbitration award in the favour of a company that worked for Nagar Palika Nokha, Rajasthan in 2011. Recently, the court had issued a warrant of attachment of Delhi’s Bikaner House which is owned by Nagar Palika Nokha, State of Rajasthan. This order was passed in an execution matter for arbitral award passed in the favour of M/s Enviro Infra Engineers Pvt Ltd.
Advocate Sahil Garg appeared for Decree holder (DH) company before the court. He said that the court has granted a conditional stay on the attachment. If the other part fails to deposit the FD. Thereafter we will file an application for auction of the attached property. The amount is around one crore now.
Earlier, the court had passed the order of attachment order after noting the non compliance of directions.
“Keeping in view the aforesaid facts and circumstances and the fact that the Judgement Debtor (JD) had failed to comply with the direction for furnishing affidavit of their assets despite grant of repeated opportunities, Court while agreeing with the submissions made on behalf of Decree Holder (DH), finds it a fit case for issuance of warrants of attachment against immovable property of JD namely Bikaner House, New Delhi,” the court said in the order passed on November 7.
“Whereas you have failed to satisfy a Award passed against you on the 21 day of January 2020, in favour of M/s Enviro Infra Engineers Pvt. Ltd. for Rs. 50,31,512, It is ordered that you, the said Nagar Palika, Nokha, State of Rajasthan, be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise,” the Court said in the order passed on September 18.
The present execution petition is filed seeking enforcement of the arbitral award dated 21-01-2020 passed by Ld. Arbitral Tribunal.
It is an undisputed fact that the JD had preferred petition u/s 34 of Arbitration & Conciliation Act, 1996 bearing OMP(COMM) NO.178/2023 titled as “Nagar Palika, Nokha, State Of Rajasthan v. M/S Enviro Infra Engineers Pvt. Ltd.” against the aforesaid arbitral award.
However, the said petition was dismissed on 24-01-2024, the court noted. The Counsel of DH had pressed for issuance of warrants of attachment in respect of immovable property of JD Bikaner House, New Delhi. (ANI)
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