Ex. Appl. (OS) 1237/2021 in OMP(ENF)(COMM) 159/2019

Page 1 of 32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 3^rd January, 2022

Pronounced on: 5^th January, 2022

+

OMP (ENF.) (COMM.) 159/2019

LANDMARK PROPERTY DEVELOPMENT AND

COMPANY LTD. & ORS.

..... Decree Holders

Through

Mr. Mukesh Anand, Ms. Ruby

Singh Ahuja, Ms. Manmeet Kaur, Ms.

Hancy Maini, Ms. Anjali Dwivedi and Mr.

Vasu Singh, Advocates

versus

ANSAL PROPERTIES &

INFRASTRUCTURE LTD. & ORS. ..... Judgement Debtors

Through

Ms

Neelima

Tripathi,

Sr.

Advocate with Mr. Sujoy Datta, Ms.

Soumya Sharma and Mr. Parag Rai,

Advocates

CORAM:

HON’BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N T

%

05.01.2022

(Video-Conferencing)

EX.APPL.(OS) 1237/2021

1.

The applicant in this application is the award holder, in whose

favour the learned sole arbitrator, a former Chief Justice of India, has

rendered award dated 7^th September, 2018, which was, on applications

under Section 33 of the Arbitration and Conciliation Act, 1996 (“the

2022:DHC:47

Ex. Appl. (OS) 1237/2021 in OMP(ENF)(COMM) 159/2019

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1996 Act”), preferred by the award holders and the award debtors,

amended twice, on 17^th September, 2018 and 13^th November, 2018

respectively. The second amendment dated 13^th November, 2018 is

not of particular significance, as it did not tinker with the operative

portion of the award and merely corrected certain typographical errors.

The first Section 33 order dated 17^th September, 2018 is, however,

relevant.

2.

For the sake of convenience, the petitioners/award holders shall,

hereinafter, be referred to as “Landmark”. The respondents constitute

the Ansal Group, of which the present judgement would require

particular reference only to Respondent 1, M/s Ansal Properties &

Infrastructure Limited, who shall, therefore, be referred to, hereinafter,

as “APIL”. The Ansal Group, comprising all the respondents, would

alternatively be referred to as “the Ansals”.

3.

The operative para 11.1 of the award dated 7^th September, 2018

read thus:

“11.1 The claims filed by Landmark Group against Ansal

Group are allowed to the extent of the following claims.

a.

Ansal Group shall pay an amount of Rs. 46.01

crores to Landmark Group by way of principal

amount.

b.

Landmark Group shall pay an amount of Rs.

82,14,92,575/- to Ansal Group on account of interest

due and payable for the period upto 09.05.2017 (the

date of commencement of arbitral proceedings).

c.

The above amount of Rs. 46.01 crores and Rs.

82,14,92,575/- shall carry interest calculated @15%

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Ex. Appl. (OS) 1237/2021 in OMP(ENF)(COMM) 159/2019

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per annum w.e.f. 10.05.2017 upto a date falling 30

days after the date of the award.

d.

Ansal Group shall pay to Landmark Group an

amount of Rs. 8.10 crores with interest calculated

@15% per annum w.e.f. 29.06.2012 till the date falling

30 days after the date of the award.

e.

Ansal Group shall pay to Landmark Group an

amount of Rs. 0.60 crores with interest calculated

@15% per annum from 01.12.2011 till the date falling

30 days after the date of the award.

f.

Ansal Group shall pay to Landmark Group an

amount of Rs.1,00,61,220/- by way of costs of the

arbitral proceedings.

g.

Ansal Group is allowed 30 days time to pay the

awarded amount to Landmark Group. Failing such

payment the awarded amount shall carry interest @ 18

% p.a. till the date of actual payment.

h.

All the claims preferred by Ansal Group are

rejected.

i.

Ansal Group shall bear the costs of these

proceedings as incurred by them.

j.

The Landmark Group has made available stamp

paper worth Rs 13,68,693/-which has been attached

with the award retained on the record of the Tribunal

The Landmark Group shall be entitled to recover one-

half of the amount of stamp duty from Ansal Group

along with the costs of these proceedings.”

4.

Clause (