OMP (ENF.) (COMM.)/82/2023 of M/S PCI LIMITED Vs PRIME MEIDEN LIMITED - High Court of Delhi (High Court of Delhi)

$~22 
* 
IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI 
+  
OMP (ENF.) (COMM.) 82/2023 
 
M/S PCI LIMITED 
 
 
 
 
..... Decree Holder 
 
 
 
 
Through: 
Mr. Upinder Singh, Mr. Sharanya 
 
 
 
 
Bhatnagar, Advs.  
 
 
 
 
versus 
 
PRIME MEIDEN LIMITED   
 
     ..... Judgement Debtor 
 
 
 
 
Through: 
Mr. Rajesh Rai, Mr. Rohan Rai, 
 
 
 
 
Advs. 
 
CORAM: 
 
HON'BLE MR. JUSTICE JASMEET SINGH 
 
 
 
 
O R D E R 
% 
 
 
 
03.01.2024 
1. 
This is a petition seeking execution of the award dated 11.07.2022 read 
with additional award dated 31.08.2022 passed by the learned Sole 
Arbitrator. 
2. 
As per the decree holder, a sum of Rs. 2,04,16,666/- along with interest 
at the rate of 9% from 01.09.2022 till date of payment is due and 
payable against the judgment debtor. 
3. 
It is stated that the same has not been paid.  
4. 
Mr. Rohan Rai, learned counsel for the JD states that the respondent 
had preferred a petition under Section 34 of the Arbitration and 
Conciliation Act, 1996. The arguments have been concluded in the 
matter and the judgment has been reserved. It is therefore prayed that 
the petition may be deferred to await the outcome of Section 34 of the 
Arbitration and Conciliation Act, 1996. 
5. 
He further states that the decretal amount stands paid vide set off of 
debit note bearing Nos. 1/18 and 2/18. 
6. 
The same is opposed by Mr. Singh, learned counsel for the decree 
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holder. 
7. 
I am unable to subscribe to the views of the JD. 
8. 
As regards the set off is concerned, the arbitral award is dated 
11.07.2022 and these objections were raised by the respondent before 
the Sole Arbitrator and adjudicated upon. It is only thereupon that the 
final award has been passed by the learned Arbitrator. 
9. 
As regards pendency of Section 34 objections are concerned, I may rely 
upon the judgment of the Hon‟ble Supreme Court in “Hindustan 
Construction Company Limited & Anr. vs. Union of India & Ors.” 
passed in WP(C) No. 1074/2019 and more particularly paragraphs 25, 
26 and 30 which read as under:- 
“25. 
To state that an award when challenged under 
Section 34 becomes unexecutable merely by virtue of such 
challenge being made because of the language of Section 36 is 
plainly incorrect. As has been pointed out hereinabove, 
Section 36 was enacted for a different purpose. When read 
with Section 35, all that Section 36 states is that enforcement 
of a final award will be under the CPC, and in the same 
manner as if it were a decree of the Court. In fact, this is how 
Section 36 has been read by a three-judge bench in Leela 
Hotels Ltd. V. Housing and Urban Development Corporation 
Ltd. (2012) 1 SCC 302 as follows:  
“45. Regarding the question as to whether the award of 
the learned arbitrator tantamounts to a decree or not, the 
language used in Section 36 of the Arbitration and 
Conciliation Act, 1996, makes it very clear that such an 
award has to be enforced under the Code of Civil 
Procedure in the same manner as it were a decree of the 
court. The said language leaves no room for doubt as to 
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/05/2024 at 14:47:49

the manner in which the award of the learned arbitrator 
was to be accepted.” 
26. 
To read Section 36 as inferring something negative, 
namely, that where the time for making an application under 
Section 34 has not expired and therefore, on such application 
being made within time, an automatic-stay ensues, is to read 
something into Section 36 which is not there at all. Also, this 
construction omits to consider the rest of Section 36, which 
deals with applications under Sect

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