Andhra Pradesh High Court - Amravati
Rashstriya Ispat Nigam Limited vs M/S Srivalli Shipping And ... on 7 July, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: COMCA.No.6 of 2020
PROCEEDING SHEET
Sl.
ORDER
No DATE
2. 07.07.2022 AVSS, J & VS,J
I.A.No.1 of 2022
This Interlocutory Application is filed
under Section 151 of the Code of Civil Procedure,
1908 for the following relief:-
"...pleased to permit the petitioner to withdraw
the remaining balance amount so deposited by
the 1st respondent/appellant, as per the orders
dated 09.05.2022 in SLP Nos.5682-5683/2022
of Hon'ble Supreme Court and pass any other
and further order or orders the Hon'ble Court
may deem fit and proper in the circumstances
of the case in the interest of justice."
Against the orders passed in I.A.No.3 of
2021 in I.A.No.1 of 2020 in COMCA.No.6 of 2020
and orders dated 29.10.2021 in I.A.No.4 of 2021 in
I.A.No.3 of 2021 in I.A.No.1 of 2020 in
COMCA.No.6 of 2020 passed by this Court, the 1st
respondent in the appeal preferred Special Leave to
Appeal (C) Nos.5682-5683/2022. On 09.05.2022,
the Hon'ble Supreme Court passed an order which
reads as follows:-
"Having heard Shri D.Seshadri Naidu,
learned counsel appearing on behalf of the
petitioner and Shri Pratap Venugopal,
learned counsel appearing on behalf of the
respondent and considering the fact that the
appeal before the High Court is under
Section 37 of the Arbitration and Conciliation
Act, 1996 and even under the Statute the
judgment debtor is required to deposit 50%
of the amount due and payable under the
award and as per the earlier order, the
respondent/judgment debtor was directed to
deposit only 50% of the amount due and
payable under the award and the rest of the
award was ordered to be stayed and on such
deposit, the petitioner was permitted to
withdraw the said 50% of the amount
without any security, we modify the
impugned order passed by the High Court
and permit the petitioner to withdraw the
50% of the amount awarded without
furnishing any security, however, subject to
the Managing Director of the petitioner
Company filing an undertaking before the
High Court which shall be backed by the
Resolution of the Company that in case the
petitioner loses in the appeal, the same shall
be repaid/returned with interest that may be
ordered. Such an undertaking backed by the
Resolution shall be filed before the High
Court before the petitioner is permitted to
withdraw 50% of the awarded amount, so
deposited.
With this, the Special Leave Petitions
stand disposed of.
Pending application(s), if any, shall
stand disposed of."
As directed by the Hon'ble Supreme Court in
the aforesaid order, an undertaking in the form of
affidavit is filed by the Managing Director and the
Resolution of the Company is also filed. In the said
affidavit, it is stated as follows:-
"In pursuance to orders of Supreme Court
and resolution of the Company, I, as
Managing Director of the petitioner
Company, hereby undertake before this
Hon'ble Court that in case of 1st
respondent/appellant succeeds and we
losses the above case in COMCA No.6/2020,
will return the amount withdrawn as per the
directions of this Hon'ble Court."
The Resolution dated 15.06.2022 of R-1
Company filed along with the present application
reads as follows:-
"It is hereby resolved that as per orders dated
09.05.2022 of Honourable Supreme Court of
India in SLP numbers (5682-5683/2022) we
undertake to return the amount received as
per the orders with interest as may be decided
by the court in case if Rashtriya Ispat Nigam
Limited (Visakhapatnam Steel Plant) succeed
in COMCA (6/2020) pending before the
Honourable High Court of AP."
The aforesaid undertaking filed in the form
of affidavit and the Resolution of the Company
are placed on record.
Accordingly, this Interlocutory Application
is disposed of.
__________
AVSS, J
_________
VS, J
Note: Issue CC in two days
(B/o)
ARR
