MOHINI ELECTRICALS LTD Vs. DELHI JAL BOARD

JUDGEMENT

(1.) E.A. 896/2020 (by JD for enlargement of time to comply with order dated 15.07.2020

(2.) The captioned petition was preferred by the Decree Holder (DH) on 09.01.2020 seeking enforcement of the award passed by the learned sole Arbitrator on 02.09.2019 whereunder its claim for a sum of INR 38,00,97,929/- along with interest @ 12% p.a. w.e.f. 03.09.2018 has been allowed. The DH has also sought attachment of the JD's bank account as also its movable and immovable assets, in order to preserve its interest to the extent of the awarded amount.

(3.) Since the enforcement petition was accompanied only by a xerox copy of the award, as against the original award which was required to be filed therewith, the DH filed an application under Section 151 of the Code of Civil Procedure, 1908 seeking exemption from filing the original award. This application being Ex.Appl.(OS) No.21/2020, was allowed by the Court on the very first date, i.e., 10.01.2020 when notice was issued in the petition. Notably, at the time of accepting notice, learned counsel for the JD did not object to the exemption being granted but sought a deferment of the hearing till the JD's challenge to the award under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Arbitration Act') was heard. Since the Court was informed that the Section 34 petition was likely to be listed for hearing within 10 days, the Court adjourned this petition to 21.01.2020 and later, to 18.03.2020, at the request of the JD.