*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on

: 01.09.2023

Date of Decision : 04.09.2023

IN THE MATTER OF:

+

OMP (ENF.) (COMM.) 60/2021

M/S COBRA INSTALACIONES Y SERVICIOS, S.A & M/S

SHYAM INDUS POWER SOLUTION

PVT. LTD.(JV)

..... Decree Holder

versus

HARYANA VIDYUT PRASARAN

NIGAM LTD.(HVPNL)

..... Judgement Debtor

AND

OMP (ENF.) (COMM.) 61/2021

M/S COBRA INSTALACIONES Y SERVICIOS, S.A AND M/S

SHYAM INDUS POWER SOLUTION

PVT. LTD.(JV)

..... Decree Holder

versus

HARYANA VIDYUT PRASARAN

NIGAM LTD.(HVPNL)

..... Judgement Debtor

AND

OMP (ENF.) (COMM.) 62/2021

COBRA INSTALACIONES Y SERVICIOS, S.A AND M/S

SHYAM INDUS POWER SOLUTION

PVT. LTD.(JV)

..... Decree Holder

Digitally Signed

By:NIJAMUDDEEN ANSARI

Signing Date:04.09.2023

19:10:58

Signature Not Verified

versus

HARYANA VIDYUT PRASARAN

NIGAM LTD.(HVPNL)

..... Judgement Debtor

AND

OMP (ENF.) (COMM.) 63/2021

M/S COBRA INSTALACIONES Y SERVICIOS, S.A AND M/S

SHYAM INDUS POWER SOLUTION

PVT. LTD.(JV)

..... Decree Holder

versus

HARYANA VIDYUT PRASARAN

NIGAM LTD.(HVPNL)

..... Judgement Debtor

Present:

Mr.Pankaj Kumar Singh, Advocate for decree holder i.e.

M/s Cobra Instalaciones Y Servicios, S.A & M/s Shyam

Indus Power Solution Pvt. Ltd.(JV).

Mr.Varun Kalra and Mr.Krishan Kumar, Advocates for

judgment debtor i.e. Haryana Vidyut Prasaran Nigam

Ltd. (HVPNL).

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

MANOJ KUMAR OHRI, J.

1. By way of present Execution Petitions filed under Section 36 of the

Arbitration and Conciliation Act, 1996 (hereafter, ‘theA&C Act’) read with

Order XXI Rule 1 CPC, the Decree Holder seeks enforcement of common

Award dated 29.07.2020 passed in ARB. PET. Nos.547/2018, 548/2018,

Digitally Signed

By:NIJAMUDDEEN ANSARI

Signing Date:04.09.2023

19:10:58

Signature Not Verified

551/2018 and 549/2018 (hereafter, ‘the Award’) by the Arbitral Tribunal

comprising of a former Judge of this Court as the Sole Arbitrator (hereafter,

‘the AT’).

2. By way of the Award, AT has awarded cumulative amount of

Rs.5,54,09,437/-, including interest at the rate of 9% per annum from

29.07.2020 till the date of payment (hereafter, ‘the Award amount’), in

favour of the Award Holder/Decree Holder (hereafter, ‘the DH’).

3. Award Debtor/Judgement Debtor (hereafter, ‘the JD’) challenged the

award by filing Objections under Section 34, whereas the DH filed the

present petition for execution of the Award under Section 36.

4. Record reveals that, in order to avoid facing any coercive action in

these proceedings, the JD deposited the entire Award amount, along with the

interest till the date of deposit, in this court on 19.05.2021, pursuant to an

order dated 15.03.2021 passed in these proceedings. JD wanted to await the

outcome of its challenge to the Award for which reason, apparently, it

persuaded the court to defer passing any orders in these proceedings.

Eventually, JD’s objections under Section 34 were dismissed on 06.05.2022,

which was not challenged. Consequently, the award attained finality and

thus, executable without any impediment.

5. The DH withdrew the Award amount deposited by the JD in

pursuance of order dated 02.08.2022, which had resulted in the satisfaction

of the award put up for execution in these proceedings. However, the DH

has kept the execution alive by demanding interest on the Award amount

from 19.05.2021 till 06.05.2022 i.e., from the date of deposit of the Award

Digitally Signed

By:NIJAMUDDEEN ANSARI

Signing Date:04.09.2023

19:10:58

Signature Not Verified

amount till the date of dismissal of the objections under Section 34 of the

A&C Act.

6. Learned counsel for the DH contended that the deposit of Award

amount by the JD in Court per se does not transfer its title to the DH, who

could withdraw the said amount only subject to conditions imposed by the

Court. As such, the withdrawal of the Award amount, was always

conditional. The DH w