Ircon Infrastructure and Services Litd vs Indore Multi Functional Complex Private Limited - Court Judgment

Excerpt:
* in the high court of delhi at new delhi+ omp (enf.) (comm.) 72/2025, ex.appl.(os) 522/2025 & ex.appl.(os) 859/2025ircon infrastructure and services litd. .....decree holder through: mr. nishit kush, mr. siddharath sikri and ms. kirti singh, advs. email: nishitkush@gmail.com mob: 9816176891versusindore multi functional complex private limited .....judgement debtor through: mr. sanjoy ghose, sr. adv. with ms. satakshi sood, mr. mohit garg, advs. and mr. pratap rout, authorised representative of jd. m: 8278812103 email: satakshi@amaltaslaw.incoram:hon'ble ms. justice mini pushkarnaorder% 15.01.20261. the present petition seeks enforcement of the interim arbitralaward/order dated 14th may, 2024 passed by the sole arbitrator in case ref. no. diac/6790/09-23, and as modified by this court vide order dated 31st may, 2024 in arb.a.(comm.) 34/2024.2. the said interim arbitral award/order dated 14th may, 2024, aspassed by the sole arbitrator, reads as under: “”3. the aforesaid interim arbitral award/order was challenged beforethis court in arb.a.(comm.) 34/2024, and order dated 31st may, 2024 came to be passed, in the following manner:“”4. thus, perusal of the aforesaid order dated 31st may, 2024, shows thatthe judgment debtor (“jd”) has consented for payment of the arrears for the period from 01st may, 2023 to 31st may, 2024, as directed by the learned sole arbitrator, in six monthly installments.5. the present proceedings have been continued, since it is the case onbehalf of the decree holder (“dh”) that in terms of the order dated 31st may, 2024, passed as aforesaid, the jd has paid only two installments.6. per contra, learned senior counsel appearing for the jd submits thatthe jd is making every effort to comply with the directions of the learned arbitrator, as well as this court. he submits, on instructions, that the jd shall pay the requisite amount of rs. 1,07,59,435/- (rupees one crore seven lakhs fifty nine thousand four hundred and thirty five) to the dh in six monthly equated installments of rs. 17,93,239.17/- (rupees seventeen lakhs ninety three thousand two hundred thirty nine and seventeen paisa), each.7. at this stage, learned counsel appearing for the dh submits that somecheques, as given earlier by the jd in some other proceedings, were dishonored.8. responding to the same, learned senior counsel appearing for the jd,on instructions, submits that the jd shall give demand drafts (“dds”)/carry out online bank transfers of the equated installments to the dh, on or before the 07th day of each month.9. learned senior counsel appearing for the jd gives an unequivocalundertaking before this court on behalf of the jd, through its authorized representative who is present in court, regarding the payments to be made.10. the aforesaid undertaking is accepted and the jd is held bound by thesaid undertaking.11. learned senior counsel appearing for the jd draws the attention ofthis court to an order dated 29th april, 2025 passed in omp(enf.)(comm) functional complex private limited”, and in particular, relies upon paragraphs 23 to 25, which are reproduced as under: “xxx xxx xxxxxx xxx xxx”12. by relying upon the aforesaid order, learned senior counselappearing for the jd submits that a similar order be passed in the present matter.13. learned counsel appearing for the dh submits that he has noobjection if similar order is passed in the present petition, as well.14. accordingly, it is directed that the jd shall pay the amount in terms ofinterim arbitral award/order dated 14th may, 2024, as modified by this court vide order dated 31st may, 2024, as noted hereinabove, in six equated monthly installments in the form of dds/ online bank transfers, which shall be paid by the 07th day of each month.15. further, it is directed that the dh will issue invoices to the jd, whichshall record the word ‘rent’ in place of ‘user charges’.16. the invoices, as issued, may record that the matter is pending beforethe arbitral tribunal and the invoices are being issued in the interregnum.17. needless to state, the issuance of these invoices will not prejudice thedh in its claims and pleas before the arbitral tribunal.18. liberty is granted to the dh to revive the present petition, in case ofany default by the jd.19. accordingly, with the aforesaid directions, the present petition, alongwith the pending applications, stands disposed of.mini pushkarna, j january 15, 2026/kr

Judgment:

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 72/2025, EX.APPL.(OS) 522/2025 & EX.APPL.(OS) 859/2025

IRCON INFRASTRUCTURE AND SERVICES LITD. .....Decree Holder Through: Mr. Nishit Kush, Mr. Siddharath Sikri and Ms. Kirti Singh, Advs. Email: nishitkush@gmail.com Mob: 9816176891

versus

INDORE MULTI FUNCTIONAL COMPLEX PRIVATE LIMITED .....Judgement Debtor Through: Mr. Sanjoy Ghose, Sr. Adv. with Ms. Satakshi Sood, Mr. Mohit Garg, Advs. and Mr. Pratap Rout, Authorised Representative of JD. M: 8278812103 Email: satakshi@amaltaslaw.in

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

ORDER

% 15.01.2026

1. The present petition seeks enforcement of the interim Arbitral

Award/Order dated 14th May, 2024 passed by the Sole Arbitrator in Case Ref. No. DIAC/6790/09-23, and as modified by this Court vide order dated 31st May, 2024 in ARB.A.(COMM.) 34/2024.

2. The said interim Arbitral Award/Order dated 14th May, 2024, as

passed by the Sole Arbitrator, reads as under: “

”

3. The aforesaid interim Arbitral Award/Order was challenged before

this Court in ARB.A.(COMM.) 34/2024, and order dated 31st May, 2024 came to be passed, in the following manner:

“

”

4. Thus, perusal of the aforesaid order dated 31st May, 2024, shows that

the Judgment Debtor (“JD”) has consented for payment of the arrears for the period from 01st May, 2023 to 31st May, 2024, as directed by the learned Sole Arbitrator, in six monthly installments.

5. The present proceedings have been continued, since it is the case on

behalf of the Decree Holder (“DH”) that in terms of the order dated 31st May, 2024, passed as aforesaid, the JD has paid only two installments.

6. Per contra, learned Senior Counsel appearing for the JD submits that

the JD is making every effort to comply with the directions of the learned Arbitrator, as well as this Court. He submits, on instructions, that the JD shall pay the requisite amount of Rs. 1,07,59,435/- (Rupees One Crore Seven Lakhs Fifty Nine Thousand Four Hundred and Thirty Five) to the DH in six monthly equated installments of Rs. 17,93,239.17/- (Rupees Seventeen Lakhs Ninety Three Thousand Two Hundred Thirty Nine and Seventeen Paisa), each.

7. At this stage, learned counsel appearing for the DH submits that some

cheques, as given earlier by the JD in some other proceedings, were dishonored.

8. Responding to the same, learned Senior Counsel appearing for the JD,

on instructions, submits that the JD shall give Demand Drafts (“DDs”)/carry out online bank transfers of the equated installments to the DH, on or before the 07th day of each month.

9. Learned Senior Counsel appearing for the JD gives an unequivocal

undertaking before this Court on behalf of the JD, through its authorized representative who is present in Court, regarding the payments to be made.

10. The aforesaid undertaking is accepted and the JD is held bound by the

said undertaking.

11. Learned Senior Counsel appearing for the JD draws the attention of

this Court to an order dated 29th April, 2025 passed in OMP(ENF.)(COMM) Functional Complex Private Limited”, and in particular, relies upon paragraphs 23 to 25, which are reproduced as under: “xxx xxx xxx

xxx xxx xxx”

12. By relying upon the aforesaid order, learned Senior Counsel

appearing for the JD submits that a similar order be passed in the present matter.

13. Learned counsel appearing for the DH submits that he has no

objection if similar order is passed in the present petition, as well.

14. Accordingly, it is directed that the JD shall pay the amount in terms of

interim Arbitral Award/Order dated 14th May, 2024, as modified by this Court vide order dated 31st May, 2024, as noted hereinabove, in six equated monthly installments in the form of DDs/ online bank transfers, which shall be paid by the 07th day of each month.

15. Further, it is directed that the DH will issue invoices to the JD, which

shall record the word ‘rent’ in place of ‘user charges’.

16. The invoices, as issued, may record that the matter is pending before

the Arbitral Tribunal and the invoices are being issued in the interregnum.

17. Needless to state, the issuance of these invoices will not prejudice the

DH in its claims and pleas before the Arbitral Tribunal.

18. Liberty is granted to the DH to revive the present petition, in case of

any default by the JD.

19. Accordingly, with the aforesaid directions, the present petition, along

with the pending applications, stands disposed of.

MINI PUSHKARNA, J JANUARY 15, 2026/KR