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M/s Rajdhani Carriers Private Limited vs Central Coalfields Limited

Jharkhand High Court · Decided on 25 February 2022 · Citation: (2022) 02 JH CK 0036

HON’BLE JUDGES
Anubha Rawat Choudhary, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 418 Of 2020
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Judgment

9 paragraphs · 330 words

Anubha Rawat Choudhary, J

1.

Heard Mr. Pandey Neeraj Rai, learned counsel appearing on behalf of the petitioner along with Mr. Rohit Ranjan Sinha, Advocate.

2.

Heard Mr. Badal Vishal, learned counsel appearing on behalf of the respondent.

3.

Learned counsel for the petitioner submits that this petition has been filed for releasing of the amount which has been deposited by the respondent pursuant to order dated 10.10.2014 passed by this Court in Arbitration Appeal No. 19/2011 as a condition for stay during the pendency of that appeal. He submits that the appeal was dismissed and accordingly, the petitioner being the respondent in the said appeal, is entitled to the amount which was deposited by the appellant before this Court.

4.

Learned counsel for the respondent has submitted that the amount be sent to the executing court, as calculation etc. would also be required to be done and the executing court has to keep an account of the execution of the award.

5.

At this, learned counsel for the petitioner submits that the execution case is pending before the learned Commercial Court, Ranchi being Execution Case No. 11/2022 and in the present case, the amount of Rs. 29,32,000/- was deposited before this Court in the appeal which has been disposed of. He also submits that the amount was directed to be deposited in “fixed deposit” by the learned Registrar General initially for a period of six months and accordingly, the aforesaid amount with the accrued interest arising out of fixed deposit, be remitted to the executing court.

6.

Considering the aforesaid submission, the learned Registrar General of this Court is directed to remit the amount said to have been deposited by the present respondent in Arbitration Appeal No. 19/2011 pursuant to the order dated 10.10.2014 with accrued interest in the fixed deposit to the aforesaid executing court.

7.

Upon receipt of the amount, the executing court shall proceed in accordance with law.

8.

Accordingly, the present petition is disposed of.