Hindustan Construction Company ... vs National Highways Authority Of ...
2017 Latest Caselaw 3058 Del

$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                  Judgment delivered on: 05.07.2017

+        OMP (ENF.) (COMM.) 30/2017 & Ex. APPL(OS)848/2012
         (direction)

         HINDUSTAN CONSTRUCTION COMPANY LIMITED
                                           ..... Petitioner
                      versus

         NATIONAL HIGHWAYS AUTHORITY OF INDIA
                                          ..... Respondent

Advocates who appeared in this case:
For the Petitioner            :        Ms. Raveena Rai with Ms. Tanya Chaudhary,
                                       Advocates.

For the Respondent            :        None.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                  JUDGMENT

05.07.2017

SANJEEV SACHDEVA, J. (ORAL)

1. The Decree Holder has sought execution of Award dated

21.03.2012. It is submitted by the learned counsel for the Decree Holder

that the respondent has also filed a petition under Section 34 of the

Arbitration & Conciliation Act, 1996 being OMP.(COMM.) 199/2016

impugning the award dated 21.03.2012.

2. Learned counsel for the Decree Holder submits that since the

proceedings are under the Arbitration & Conciliation Act, 1996, the

pendency of Section 34 would amount to stay of the enforcement of the

award.

3. Learned Counsel for the Decree Holder seeks leave to withdraw

the petition with liberty to file a fresh petition seeking enforcement of

the award in case the Section 34 petition is decided in favour of the

Decree Holder.

4. In view of the above, the petition is dismissed as withdrawn with

liberty to the Decree Holder, as prayed for.

SANJEEV SACHDEVA, J JULY 05, 2017 st