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2023 Supreme(Del) 174

NEENA BANSAL KRISHNA
Airports Authority Of India – Appellant
Versus
TDI International India Private Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. K.K. Rai Sr. Advocate along with Mr. Vaibhav Kalra and Ms. Neha Bhatnagar, Advocates.
For the Respondent:Mr. Ashish Mohan and Mr. Samarth Chowdhary, Advocates.

JUDGMENT :

I.A. No. 13234/2022

1. An application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been filed on behalf of the petitioner seeking to withdraw the amount of Rs. 10,04,69,328/- deposited in the Court and to substitute it with a Bank Guarantee.

2. It is submitted in the application that Objection under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “A&C Act, 1996”) against the impugned Award dated 01.08.2020 in respect of Claim nos. 1, 2, 3 & 6, has been filed by the petitioner.

3. This Court vide order dated 07.12.2020 stayed the operation of the impugned Award subject to the deposit of the awarded amount along with up to date interest, within eight weeks. Pursuant thereto, an application was filed by the petitioner seeking permission to deposit Bank Guarantee in lieu of the awarded amount, but this Court vide order dated 08.02.2021, re-affirmed and directed the petitioner to deposit the awarded amount along with up to date interest and declined the request of the petitioner. Accordingly, the petitioner in compliance, deposited the sum of Rs. 10,04,69,328/- vide a Demand Draft bearing No.70587

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