O R D E R

EX.APPL.(OS) 3311/2022

1. The instant application has been moved for Respondent No. 2 being struck off from the array of parties in the present petition. The execution proceedings emanate from an Award rendered on 09 March 2019 in terms of which the Enforcement Petitioner became entitled to realize an amount of Rs. 6,65,55,228/- along with interest @ 12%

from 07 November 2013 till the realization of the amount along with costs.

2. The first respondent is a joint venture which was constituted between M/s SSJV Projects Private Limited and M/s Zarubezhvodstroy. The aforesaid joint venture as per the Applicant‟s own admissions was formed for the purposes of execution of the contract relating to the construction of a Barrage and a De-silting Chamber for Tapovan- Vishnugad Hydroelectric Power Project. As is evident from the records produced in these proceedings, the Respondent had entered into a contract on 06 February 2009 for construction of an upstream cut-off wall. Consequent to disputes having arisen, the matter came to be referred to arbitration. Those proceedings ultimately culminated in the pronouncement of an Award of which execution is sought in the present petition.

3. U