Hindustan Construction Company Limited v. National Highways Authority of India

Delhi High Court · 05 Jul 2017 · 2017:DHC:3296
Sanjeev Sachdeva
O.M.P.(ENF) (COMM.) 30/2017
2017:DHC:3296
civil appeal_dismissed

AI Summary

The Delhi High Court held that the pendency of a Section 34 petition challenging an arbitral award stays its enforcement, allowing withdrawal of execution proceedings with liberty to refile.

Full Text
Translation output
O.M.P.(ENF) (COMM.) 30/2017
HIGH COURT OF DELHI
JUDGMENT
delivered on: 05.07.2017
OMP (ENF.) (COMM.) 30/2017 & Ex. APPL(OS)848/2012
(direction)
HINDUSTAN CONSTRUCTION COMPANY LIMITED..... Petitioner
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms. Raveena Rai with Ms. Tanya Chaudhary, Advocates.
For the Respondent : None.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
05.07.2017 SANJEEV SACHDEVA, J. (ORAL)

1. The Decree Holder has sought execution of Award dated 21.03.2012. It is submitted by the learned counsel for the Decree Holder that the respondent has also filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996 being OMP.(COMM.) 199/2016 impugning the award dated 21.03.2012.

2. Learned counsel for the Decree Holder submits that since the 2017:DHC:3296 O.M.P.(ENF) (COMM.) 30/2017 proceedings are under the Arbitration & Conciliation Act, 1996, the pendency of Section 34 would amount to stay of the enforcement of the award.

3. Learned Counsel for the Decree Holder seeks leave to withdraw the petition with liberty to file a fresh petition seeking enforcement of the award in case the Section 34 petition is decided in favour of the Decree Holder.

4. In view of the above, the petition is dismissed as withdrawn with liberty to the Decree Holder, as prayed for.

SANJEEV SACHDEVA, J JULY 05, 2017 st