Hindustan Construction Company Limited vs.national Highways Authority of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1206680
CourtDelhi High Court
Decided OnJul-05-2017
AppellantHindustan Construction Company Limited
RespondentNational Highways Authority of India
Excerpt:
$~19 * in the high court of delhi at new delhi % judgment delivered on:05. 07.2017 + omp (enf.) (comm.) 30/2017 & ex. appl(os)848/2012 (direction) hindustan construction company limited ........ petitioner versus advocates who appeared in this case: for the... petitioner for the respondent : : national highways authority of india ..... respondent ms. raveena rai with ms. tanya chaudhary, advocates. none. coram:-"hon’ble mr justice sanjeev sachdeva judgment0507.2017 sanjeev sachdeva, j.(oral) 1. the decree holder has sought execution of award dated 21.03.2012. it is submitted by the learned counsel for the decree holder that the respondent has also filed a petition under section 34 of the arbitration & conciliation act, 1996 being omp.(comm.) 199/2016 impugning the award dated 21.03.2012. learned counsel for the decree holder submits that since the 2. o.m.p.(enf) (comm.) 30/2017 page 1 of 2 proceedings are under the arbitration & conciliation act, 1996, the pendency of section 34 would amount to stay of the enforcement of the award.3. learned counsel for the decree holder seeks leave to withdraw the petition with liberty to file a fresh petition seeking enforcement of the award in case the section 34 petition is decided in favour of the decree holder.4. in view of the above, the petition is dismissed as withdrawn with liberty to the decree holder, as prayed for. sanjeev sachdeva, j july05 2017 st page 2 of 2 o.m.p.(enf) (comm.) 30/2017
Judgment:

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:

05. 07.2017 + OMP (ENF.) (COMM.) 30/2017 & Ex. APPL(OS)848/2012 (direction) HINDUSTAN CONSTRUCTION COMPANY LIMITED ........ Petitioner

versus Advocates who appeared in this case: For the... Petitioner

For the Respondent : : NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Ms. Raveena Rai with Ms. Tanya Chaudhary, Advocates. None. CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0507.2017 SANJEEV SACHDEVA, J.

(ORAL) 1. The Decree Holder has sought execution of Award dated 21.03.2012. It is submitted by the learned counsel for the Decree Holder that the respondent has also filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996 being OMP.(COMM.) 199/2016 impugning the award dated 21.03.2012. Learned counsel for the Decree Holder submits that since the 2. O.M.P.(ENF) (COMM.) 30/2017 Page 1 of 2 proceedings are under the Arbitration & Conciliation Act, 1996, the pendency of Section 34 would amount to stay of the enforcement of the award.

3. Learned Counsel for the Decree Holder seeks leave to withdraw the petition with liberty to file a fresh petition seeking enforcement of the award in case the Section 34 petition is decided in favour of the Decree Holder.

4. In view of the above, the petition is dismissed as withdrawn with liberty to the Decree Holder, as prayed for. SANJEEV SACHDEVA, J JULY05 2017 st Page 2 of 2 O.M.P.(ENF) (COMM.) 30/2017