DELHI ELECTRIC SUPPLY UNDERTAKING Vs. M S CHAWLA AND CO
LAWS(SC)-2000-8-114
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on August 10,2000

DELHI ELECTRIC SUPPLY UNDERTAKING Appellant
VERSUS
M.S.CHAWLA AND COMPANY Respondents

JUDGEMENT

- (1.) This is an appeal arising out of orders passed by the Delhi High Court in applications filed under Section 41 of the indian Arbitration Act, 1940. The main/application filed by the respondent under section 20 of the Act is pending in the high Court. /the learned/ Single Judge who dealt with the application under Section 41, granted an absolute stay of the recovery of the amount covered by the bill issued on 27/3/91 by the appellant for the period from May, 1988 to November, 1990 which was in a sum of Rs. 67,56,876.59. On appeal by the Electricity Undertaking, this Court passed an order in this appeal on 28th February, 1995 as follows: "Delay condoned. Special leave granted. Printing dispensed with. The interim injunction granted by the High Court in the penultimate paragraph of the impugned judgment is set aside and instead/there will be an ad interim injunction against recovery from the respondent provided the respondent deposits 50 per cent of the total dues, i. e. 50% of Rs. 67 lakhs, in three monthly instalments/commencing from 10th March, 1995 and ending with 10th May, 1995. If there is - any default, the injunction will cease to operate.
(2.) It appears that this order has been complied with by the respondent. After hearing learned senior Counsel on both sides, we are of the view that the said order should govern pending disposal of the application under Section 20 of the said Act.
(3.) The High Court is, however, requested to dispose of the matter at an early date, preferably within six months from today.;


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