Citation : 2022 Latest Caselaw 5953 Raj
Judgement Date : 22 April, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 2794/2019
Union Of India, Through Garrison Engineer (Af), Near Kundal Village, Phalodi (Raj.) 342301
----Appellant Versus
1. M/s. Rds Project Ltd., 425 To 429, Somdutt Chambers -
Ii, 9, Bhikaji Cama Place, New Delhi - 110066
2. Sole Arbitrator, Shri S.s. Bansal, Ce (Qs And C), Sole Arbitrator, Jt. Dg Contract, Hq Chief Engineer, Western Command, Pin 908543, C/o 56 Apo
----Respondents
For Appellant(s) : Mr. Rajvendra Saraswat For Respondent(s) : Mr. Shanker Singh
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment / Order
22/04/2022
Learned counsel for the respondents has submitted that this
Court vide order dated 26.11.2021 has directed the appellants to
deposit 50% of the award amount along with interest within a
period of eight weeks. It is further submitted that 50% of the
award amount along with interest has been deposited by the
appellants before the Commercial Court No.1, Jodhpur (for short
'the trial court'). It is, thus, prayed that the amount so deposited
by the appellants be directed to be disbursed to the respondent
No.1.
Learned counsel appearing for the appellants has submitted
that he has no objection if this Court issues a direction for
disbursement of the deposited amount in favour of the respondent
(2 of 2) [CMA-2794/2019]
No.1, however, prayed that the respondents be directed to furnish
solvent security before the trial court.
In view of the above submissions made by the counsel for
the parties, we deem it appropriate to direct the trial court to
disburse the amount so deposited by the appellants in favour of
the respondent No.1, subject to the condition that the respondent
No.1 shall furnish solvent security of the like amount to the
satisfaction of the trial court.
The application (01/2022) filed on behalf of the respondent
No.1 and the application (02/2022) filed on behalf of appellants
are disposed of accordingly.
(ARUN BHANSALI),J (VIJAY BISHNOI),J
17-AjaySingh/-
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