Mgt. Of Maharaja Wears vs Naipal Singh And Anr.
2005 Latest Caselaw 252 Del

ORDER

Mukul Mudgal, J.

1. On 20th February, 2002, an order was passed granting stay of the operation of the award subject to deposit of 50% of the awarded amount. On 22nd April, 2002 the application seeking review of the order dated 20th February, 2002 was dismissed.

2. The learned Counsel for the respondent states that the order directing deposit of 50% of the awarded amount has not been complied with. The learned Counsel appearing for the petitioner has now moved an application for discharge on the ground that the file has been withdrawn from him. Till now his appearance has not been permitted to be withdrawn. The Counsel is required to indicate to this Court whether or not the order of this Court has been complied with. Since the Counsel for the petitioner has no instructions, it is presumed that the statement of the learned Counsel for the respondent is correct. The petitioner has enjoyed the interim order in his favor without deposit of the 50% amount covered under the interim order passed by this Court. As the learned Counsel for the petitioner has reported no instructions, the writ petition is dismissed. In view of the conduct of the petitioner, the respondent is entitled to costs quantified at Rs. 30,000/- payable within four weeks from today, failing which the respondent shall be entitled to interest @ 6% p.a.

3. It will now be open to the respondent to execute the award expeditiously. If an application for implementation of the impugned award is made, the concerned authorities are directed to implement the award as expeditiously as possible as the petitioner has availed of the discretionary jurisdiction of this Court and enjoyed interim order without complying with the conditions imposed for such interim orders.

All pending applications also stand disposed of accordingly.