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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 04.11.2025

% Judgment delivered on: 16.12.2025

+ EFA (OS) (COMM) 25/2024 & CM APPLs. 74052/2024 &

74054/2024

M/S RAMACIVIL INDIA CONSTRUCTION PVT LTD....Appellant

Through: Mr.Avinash Trivedi, Adv. with

Mr.Anurag Kaushik, Adv.

versus

UNION OF INDIA .....Respondent

Through: Mr.Vikram Jetly, CGSC with

Ms.Shreya Jetly, Adv, Mr.Aakash

Pathak, GP.

+ EFA (OS) (COMM) 12/2024 & CM APPLs. 44067/2024 &

44069/2024

UNION OF INDIA .....Appellant

Through: Mr.Farman Ali, CGSC with Mr.Taha

Yasin, Ms.Usha Jamwal, Advs.

versus

SPACECHEM ENTERPRISES .....Respondent

Through: Mr.Praveen Kumar, Adv. with

Mr.Gaurav Puri, Mr.Sarthak Gupta, Mr.Kushagra Bali, Ms.Anju Singh

and Mr.Suman Raj, Advs.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

J U D G M E N T

DEVENDRA KUMAR UPADHYAYA, C.J.

Since the question of law raised which needs our consideration and decision in both the appeals is the same, the appeals have been heard together and are being decided by the common judgment which follows:

Facts giving rise to EFA (OS) (COMM) 25/2024

1. This appeal has been filed under Section 10 of the Delhi High Court Act, 1966, questioning the legality of the order dated 16.07.2024 passed by learned Single Judge in Enforcement Petition, being OMP (ENF.) (COMM) 126/2021, whereby the learned Single Judge has denied payment of amount of interest on the awarded amount from the date of deposit in the Court till its release.

2. The arbitration proceedings between the appellant/Ramacivil India Construction Pvt. Ltd. (hereinafter referred to as the ‘Decree Holder’) and the respondent/Union of India (hereinafter referred to as the ‘Judgment Debtor’), resulted in an Award by the Arbitration Tribunal passed on 28.01.2016, whereby the Judgment Debtor was directed to pay a sum of Rs.2,99,55,403/- (Rupees Two Crore Ninety-Nine Lakh Fifty-Five Thousand Four Hundred and Three only) with simple interest @ 11% per annum from 29.01.2016 till the date actual payment is made.

3. The Award dated 28.01.2016 was challenged by the Judgment Debtor by instituting proceedings of OMP (COMM.) 516/2016, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘A&C Act’). The Decree Holder also instituted Enforcement Petition, being OMP (ENF.) (COMM.) 126/2021, for enforcement/execution of the Award dated 28.01.2016 under Section 36 of the A&C Act read with Order XXI of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’).

4. On 11.08.2021, execution of Award was stayed by learned Single Judge subject to the Judgment Debtor depositing the award amount along with interest till that date before the Registrar General of this Court. On an application, thereafter, moved by the Decree Holder, learned Single Judge passed an order dated 06.05.2022 allowing withdrawal of the amount deposited by the Judgment Debtor pursuant to the order dated 11.08.2021. However, the said withdrawal was permitted subject to the Decree Holder furnishing a bank guarantee for an amount of Rs.4.75 crore.

5. Pursuant to this order dated 06.05.2022 passed by learned Single Judge, the amount deposited by the Judgment Debtor before the Registrar General of this Court was withdrawn, except an amount of Rs.7,09,323/- (Rupees Seven Lakh Nine Thousand Three Hundred and Twenty-Three only). Thereafter, OMP (COMM.) 516/2016, filed by the Judgment Debtor under Section 34 of the A&C Act challenging the Award, was dismissed, whereupon the Decree Holder moved an application for release of the bank guarantee along with the sum of Rs.7,09,323/- (Rupees Seven Lakh Nine Thousand Three Hundred and Twenty-Three only), which was allowed on

19.07.2023.

6. In the proceedings initiated by the Decree Holder for enforcement of the Award, namely OMP (ENF.) (COMM.) 126/2021, the Decree Holder took a stand that it was entitled to be paid the balance amount which was the interest for the period between 06.09.2021 till 19.07.2024, when the deposit