Delhi High Court
Cobra Instalaciones Y Servicios, S.A ... vs Haryana Vidyut Prasaran Nigam ... on 16 July, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 59/2021 & EX.APPL.(OS) 710/2024
COBRA INSTALACIONES Y SERVICIOS, S.A AND
SHYAM INDUS POWER SOLUTION PVT. LTD.(JV)
.....Decree Holder
Through: Mr. Pankaj Kumar Singh and Ms.
Bimla Sharma, Advs.
versus
HARYANA VIDYUT PRASARAN NIGAM LTD.(HVPNL)
.....Judgement Debtor
Through: Ms. Himani Yadav, Mr.
Krishan Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 16.07.2024
1. This petition seeks enforcement/execution of an arbitral award
dated 29 July 2020, the operative portion of which reads as under:
"In view of the foregoing discussion, the award is summarized as
under:
i. The Claimant is entitled to refund of 50% of LD
levied and recovered by the Respondent amounting to
Rs.3,62,507,55/-;
ii. The Claimant is entitled to an interest @13% p.a.
amounting to Rs.2,27,49,710/- on the amount which has
been found to be liable to be refunded, from the date of
deduction of LD up to 04.01.2019, the date of filing of the
Statement of Claim;
iii. The Claimant is not entitled to refund of deferment
charges inclusive of interest amounting to Rs.22,86,559/- or
any other amount towards recovery of deferment charges;
Digitally Signed Digitally Signed
By:ROHIT BARARIA OMP (ENF.) (COMM.) 59/2021 Page 1 of 3 By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:19.07.2024 Signing Date:19.07.2024
16:30:38 16:29:44
IV. The Claimant is entitled to a sum of Rs.9,00,937/-
for keeping the bank guarantee alive beyond the defect
liability period, inclusive of interest @13% p.a. up to the
date of filing of Statement of Claim;
v. The Claimant is entitled to a sum of Rs.7,44,280/-
towards watch and ward charges inclusive
ofinterest@13%p.a. till the date of filing of Statement of
Claim;
vi. The Claimant is not entitled to any amount towards
the claim of insurance for the extended period
vii. The Claimant is not entitled to a sum of Rs.
75,91,655/- towards tax component as claimed by the
Claimant;
viii. The Claimant is entitled to pendente-lite interest
@9% p.a. from the date of filing of Statement of Claim till
the date of the award;
ix. The Claimant is further entitled to future interest
@9% p.a. on the sum awarded (including the pendente-lite
interest) from the date of the award till the date of payment;
x. The parties shall bear their own costs.;"
2. The award, of which execution is sought, was challenged by the
respondent before this Court by way of OMP (Comm) 4/2021.
Inasmuch as there was no stay of execution of the award, this Court,
while issuing notice in the present petition on 15 March 2021, directed
deposit of the awarded amount, subject to the outcome of OMP
(Comm) 4/2021.
3. It is submitted that deposit as directed was made with the
Registry of this Court.
4. OMP (Comm) 4/2021 came to be dismissed by a learned Single
Judge of this Court by way of judgment dated 6 May 2022.
Digitally Signed Digitally Signed
By:ROHIT BARARIA OMP (ENF.) (COMM.) 59/2021 Page 2 of 3 By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:19.07.2024 Signing Date:19.07.2024
16:30:38 16:29:44
5. FAO (OS) (Comm) 195/2022, preferred thereagainst by the
respondent, was also dismissed by the Division Bench of this Court
vide judgment dated 10 April 2024.
6. The matter has not been carried further by the respondent. The
petitioner is, therefore, entitled to release, in its favour, of the awarded
amount as stands deposited by the respondent with this Court.
7. The Registry is, therefore, directed to release, to the petitioner,
forthwith, the entire awarded amount as deposited by the respondent
with this Court with interest that may have accrued thereon within two
weeks on the petitioner approaching the registry therefor. The award
thereby stands satisfied.
8. The present petition stands disposed of accordingly.
C.HARI SHANKAR, J
JULY 16, 2024
dsn
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Digitally Signed Digitally Signed
By:ROHIT BARARIA OMP (ENF.) (COMM.) 59/2021 Page 3 of 3 By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:19.07.2024 Signing Date:19.07.2024
16:30:38 16:29:44
