Heat Exchange (P) Ltd. vs M/S Ajit Mittal Corporation
2009 Latest Caselaw 3781 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                Date of Reserve: August 06, 2009
                                               Date of Order: September 15, 2009

+OMP 273/2009
%                                                     15.09.2009
    Heat Exchange (P) Ltd.                        ...Petitioner
    Through: Mr. Jasmeet Singh with Mr. Saurabh Tiwari & Ms. Divya
    Chaturvedi, Advocates


       Versus

       M/s Ajit Mittal Corporation                                    ... Respondent
       Through: Mr. Shiv Khorana, Advocate


       JUSTICE SHIV NARAYAN DHINGRA

1.     Whether reporters of local papers may be allowed to see the judgment?

2.     To be referred to the reporter or not?

3.     Whether judgment should be reported in Digest?


       JUDGMENT

1. This application under Section 9 of the Arbitration & Conciliation, 1996

("the Act, for short) has been made by the petitioner after passing of award

by the learned arbitrator on 23rd January 2009.

2. The prayer made by the petitioner is that this Court should ask the

judgment debtor to furnish security for Rs.52,60,485/-, which is the amount

recoverable by the petitioner from respondent.

3. Since this Court vide separate judgment has dismissed the objections

raised on behalf of M/s Ajit Mittal Corporation (respondent herein) vide OMP

No.303 of 2009, against the award dated 23rd January, 2009, the petitioner is

therefore at liberty to execute the award. Since the petitioner herein has

OMP 273 of 2009 Heat Exchange (P) Ltd. v. M/s Ajit Mittal Corp. Page 1 Of 2 already filed an execution petition (Ex.P. 113 of 2009) for executing the

award, I consider that this petition under Section 9 directing the respondent

herein to furnish a security for Rs.52,60,485/- is not maintainable and is

hereby dismissed as such. No orders as to costs.

September 15, 2009                                   SHIV NARAYAN DHINGRA J.
rd




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