M/S HOSMAC PROJECTS DIVISION OF HOSMAC INDIA PRIVATE LIMITED v. MINISTRY OF HEALTH AND FAMILY WELFARE & ANR.

Delhi High Court · 17 Oct 2019 · 2019:DHC:5320
Jyoti Singh
OMP (ENF.) (COMM.) 115/2019
2019:DHC:5320
civil petition_allowed

AI Summary

The Delhi High Court directed the Ministry of Health and Family Welfare to release the decretal amount awarded by arbitration along with accrued interest despite a pending appeal, disposing of the enforcement petition on the basis of the judgment debtors' binding statement.

Full Text
Translation output
OMP (ENF.) (COMM.) 115/2019
HIGH COURT OF DELHI
Date of Decision: 17.10.2019
OMP (ENF.) (COMM.) 115/2019
M/S HOSMAC PROJECTS DIVISION OF HOSMAC INDIA PRIVATE LIMITED ..... Decree Holder
Through: Mr.Chirag M.Shroff and Ms.Yashika Verma, Advocates
VERSUS
MINISTRY OF HEALTH AND FAMILY WELFARE & ANR. ..... Judgement Debtors
Through: Mr.Praveen Kumar Jain, Advocate with Dr.Yashwant Singh, Additional
M.S. of R.M.L.Hospital
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
JUDGMENT

1. Dr.Yashwant Singh, Additional M.S., R.M.L. Hospital, is present in Court pursuant to the order passed by this Court on 14.10.2019. Dr. Yashwant submits that the decretal amount amounting to Rs. 17,01,68,496.94, which includes the principal amount as well as interest accrued thereon, from the date of the Award upto 14.10.2019 will be released in favour of the petitioner by 15.01.2020.

2. Learned counsel appearing for the judgment debtors further submits that an appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (‘Act’) has been filed in this Court, but is lying under objections. 2019:DHC:5320 OMP (ENF.) (COMM.) 115/2019

3. Without prejudice to the rights of the judgment debtors to pursue their appeal under Section 37 of the Act, the judgment debtors will release the aforesaid payments in favour of the decree holder by 15.01.2020 along with interest accrued thereon from the date of the Award till the date of payment.

4. Petition is disposed of in the above terms, binding the judgment debtors to the statement made in Court today. EX. APPLs. 653/2019 & 693/2019 In view of the orders passed in the main petition, these applications are rendered infructuous and are disposed of as such.

JYOTI SINGH, J OCTOBER 17, 2019 Rd/