Delhi High Court
M/S Bharat Sanchar Nigam Ltd vs M/S Exnxt Software Pvt Ltd on 17 July, 2017
$~2
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 123/2017
% Date of decision : 17th July, 2017
M/S BHARAT SANCHAR NIGAM LTD ..... Appellant
Through : Mr. L.B. Rai and Mr. Mohit
Kr. Sharma, Advs.
versus
M/S EXNXT SOFTWARE PVT LTD ..... Respondent
Through : Mr. Sameer Jain and
Mr. Mark Wright, Advs.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
CM No.15040/2017 (condonation)
1. For the reasons stated, delay in filing the appeal is condoned.
2. The application is disposed of.
CM No.15039/2017 (exemption)
3. Allowed, subject to just exceptions.
4. The application is disposed of.
FAO(OS) 123/2017 & CM No.15038/2017 (stay)
5. The appellant assails the order dated 1st February, 2017
passed in IA No. 8236/2016 in OMP 1154/2014, which was filed
by the respondent herein for release of the sum of `15 lakhs
deposited by the appellant herein with the Registry of this court
pursuant to orders passed by the learned Single Judge.
6. The appellant herein during the pendency of the matter had
invoked the previous bank guarantee which had been submitted by
the respondent. In regard thereto, OMP 1154/2014 was filed by the
respondent seeking an interim order against the encroachment. By
an order dated 10th October, 2014, the learned Single Judge had
directed the appellant to deposit the amount thereof with the
Registry and directed withdrawal of the money to the party who
was successful in the arbitration proceedings.
7. It is an admitted position that an Arbitral Award dated 15 th
March, 2016 with regard to disputes between the parties had
awarded an amount of `2.8 crores in favour of the respondent
herein. This Award was the subject matter of challenge by the
appellant by way of OMP 1154/2014.
The arbitration proceedings thus had culminated in the
Award dated 15th March, 2016 in favour of the respondent.
8. Noting this position, the learned Single Judge by the order
dated 1st February, 2017 directed release of the amount deposited
by the appellant to the respondent.
9. We are informed by learned counsel for the respondent that
the amount stands released by the Registry to it.
10. Furthermore, the main objections filed by the appellant and
to the extent pressed by it have been reserved for orders. The
learned Single Judge has noted as follows :
"5. xxx The aforesaid petition was heard
and the orders have been reserved. However, it is
relevant to note that in that petition although
arguments have been advanced to assail the award
of claims in favour of EXNXT, no arguments have
been advanced to assail the rejection of the
counter claims. Thus, even if BSNL succeeds in its
challenge in that petition, the order rejecting their
counter claims and consequently, direction for
release of the amount encashed by BSNL by
invoking the bank guarantee would necessarily
stand. Consequently, there is no reason to
withhold the sum deposited by BSNL in this court.
Accordingly, the present application is allowed
and the Registry is directed to release the amount
of `15 lacs deposited by BSNL along with accrued
interest to EXNXT."
11. For all these reasons, we are not inclined to interfere with the
order dated 1st February, 2017 directing the release of the amount
to the respondent.
This appeal and the application are, therefore, dismissed.
Needless to say, in case the learned Single Judge accepts the
objections filed by the appellant, appropriate orders could be
passed directing restitution in favour of the appellant.
ACTING CHIEF JUSTICE
JULY 17, 2017/kr C.HARI SHANKAR, J
