New Delhi [India], November 29 (ANI): The Patiala House Court on Friday granted a conditional stay on attachment of Bikaner House. This stay is subject to depositing the due amount within a week.
District Judge (Commercial) Vidya Prakash granted the interim relief subject to depositing the FDR in the court within a week.
Counsel for Nagar Palika Naukha, Rajasthan, also appeared before the court on Friday. The next date of hearing is January 7, 2025.
This matter is related to an arbitration award in the favour of a company that worked for Nagar Palika Naukha, Rajasthan, in 2011.
Recently, the court issued a warrant of attachment for Delhi’s Bikaner House, which is owned by Nagar Palika Nokha, State of Rajasthan.
This order was passed in an execution matter for an arbitral award passed in the favour of M/S ENVIRO INFRA ENGINEERS PVT LTD.
Advocate Sahil Garg appeared for the decree-holder company before the court.
“The court has granted a conditional stay on the attachment. If the other party fails to deposit the FD, we will file an application for auction of the attached property. The amount is around one crore now,” said Garg.
Earlier, the court had passed the attachment order after noting the noncompliance of directions.
“Keeping in view the aforesaid facts and circumstances and the fact that the Judgement Debtor (JD) had failed to comply with the direction for furnishing affidavit of their assets despite grant of repeated opportunities, the Court, while agreeing with the submissions made on behalf of Decree Holder (DH), finds it a fit case for issuance of warrants of attachment against immovable property of JD, namely Bikaner House, New Delhi,” the court said in the order passed on November 7.
“Whereas you have failed to satisfy an award passed against you on the 21st day of January 2020, in favour of M/s Enviro Infra Engineers Pvt. Ltd. for Rs 50,31,512, it is ordered that you, the said Nagar Palika, Nokha, State of Rajasthan, be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise,” the Court said in the order passed on September 18.
The present execution petition is filed seeking enforcement of the arbitral award dated 21-01-2020 passed by Ld. Arbitral Tribunal. It is an undisputed fact that the JD had preferred petition u/s 34 of the Arbitration and Conciliation Act, 1996 bearing OMP (COMM) NO.178/2023 titled “Nagar Palika, Nokha, State of Rajasthan v. M/S Enviro Infra Engineers Pvt. Ltd.” against the aforesaid arbitral award. However, the said petition was dismissed on 24-01-2024, the court noted.
The Counsel of DH had pressed for issuance of warrants of attachment in respect of immovable property of JD Bikaner House, New Delhi. (ANI)
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