WAPCOS LIMITED v. VIRGO AQUA

Delhi High Court · 20 Mar 2024 · 2024:DHC:6393
C. Hari Shankar
O.M.P. (COMM) 132/2023
2024:DHC:6393
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the commercial petition for failure to deposit 75% of the awarded amount as directed, despite a pending appeal against the deposit order.

Full Text
Translation output
OMP (Comm) 132/2023 HIGH COURT OF DELHI
O.M.P. (COMM) 132/2023
WAPCOS LIMITED .....Petitioner
Through: Ms. Supriya Pandey, Adv.
VERSUS
VIRGO AQUA .....Respondent
Through: Mr. Babu Joseph Kuruva Thazha, Ms. Malini Poduval and Ms. Babita Sant, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
22.08.2024
O.M.P. (COMM) 132/2023

1. By order dated 20 March 2024, the petitioner was directed to deposit 75% of the awarded amount within eight weeks, failing which it was stated that the petition would be dismissed. The petitioner challenged the said decision before the Division Bench by way of FAO (OS) (Comm) 97/2024. Even while issuing notice, the Division Bench clarified that it was not interdicting the proceedings before the Single Bench, which would continue in accordance with law.

2. Ms. Pandey, learned Counsel for the petitioner candidly acknowledges that her client is not in a position to make the deposit as directed by order dated 20 March 2024.

3. The consequence must inexorably follow. OMP (Comm) 132/2023

4. Accordingly, the petition is dismissed for failure to make the deposit, as per the order dated 20 March 2024.