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2021 Supreme(Del) 702

SURESH KUMAR KAIT
Ipex Infrastructure (P) Ltd – Appellant
Versus
Hindustan Construction Company – Respondent


Advocate Appeared:
For the Appellant :Mr.Sachin Sood & Ms.Priya Soni, Advocates
For the Respondent:Mr.Rishi Agrawala & Ms.Shruti Arora, Advocates

JUDGMENT :

1. Decree holder has filed the present petition under the provisions of Section 36(1) of Arbitration and Conciliation Act, 1996 read with Order XXI Rule 11 CPC with regard to arbitral award dated 08.01.2019 passed by the learned Arbitrator.

2. The grounds raised in the present petition by the decree holder are that in case Ref No. DAC/1600/03-17, titled as M/s IPEX Infrastructure (P) Ltd Versus Hindustan Construction Company Ltd., an arbitration Award dated 08.01.2019 was passed by the learned arbitrator, whereunder decree holder was awarded amount of Rs.8,35,33,837/- with future interest at the rate of 12% p.a. from the date of award till the date of payment of the awarded amount. The Award in question was challenged by the judgment debtor under Section 34 of the Act, which was dismissed by this Court vide order dated 20.05.2019 [in OMP (COMM) 208/2019]. Thereafter, decree holder issued a statutory notice dated 27.05.2019 to the judgment debtor under the Insolvency and Bankruptcy Code, 2016 demanding the payment in terms of awarded amount. Since judgment debtor fail

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