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2023 DIGILAW 672 (RAJ)

Rajasthan State Mines And Minerals Ltd. v. ACE Construction Mines And Minerals Cooperative Society Ltd.

2023-03-14

BIRENDRA KUMAR

body2023
ORDER 1. Heard the parties-appearing in person. 2. A contractual dispute between Rajasthan State Mines and Minerals Ltd. and M/s Ace Construction Mines and Minerals Cooperative Society Ltd. was referred to the Arbitration and the Arbitrator awarded Rs.1,37,66,452/- along with interest in favour of M/s Ace Construction Mines and Minerals Cooperative Society Ltd. 3. The award was challenged before the Court under Section 34 of The Arbitration and Conciliation Act. The Court dismissed the challenge by order dated 04.03.2013. 4. The order of the Court was challenged before this Court in S.B. Civil Misc. Appeal No.1423/2013. The appeal was also dismissed by the judgment dated 29.11.2022. The dismissal was challenged before the Hon'ble Supreme Court in SLP No.2516/2023, which was dismissed on 13.02.2023. 5. In this application, the petitioner has prayed for necessary direction to the Registrar Administration of this Court to release rupees one crore, deposited by Rajasthan State Mines and Minerals Ltd. during pendency of the appeal, in favour of M/s Ace Construction Mines and Minerals Cooperative Society Ltd. along with accrued interest. 6. In S.B. Civil Misc. Appeal No.1423/2013, this Court had passed following order on 26.08.2013:- 'The application has been filed by the respondent seeking vacation/modification of the order dated 03.07.2013 passed by the Court. Since the learned counsel for the respondent has submitted that the respondent is ready to furnish the bank guarantee for the withdrawal of the amount, the order dated 03.07.2013 is confirmed. The amount deposited by the appellant shall be permitted to be withdrawn by the respondent, on the authorized person of the respondent, furnishing bank guarantee and an undertaking on oath to the effect that if the appellant succeeds in the appeal, the amount shall be refunded to the appellant with interest @ 10% from the date of withdrawal till refund. The application stands disposed of.' 7. Thereafter, on 17.01.2014 following orders were passed:- 'The matter has come up for consideration on the application filed by the respondent for modification of the order dated 26.08.2013 passed by this Court, permitting the respondent to withdraw the amount deposited by the appellant on the respondent furnishing bank guarantee and the undertaking. The learned counsel Mr. Thereafter, on 17.01.2014 following orders were passed:- 'The matter has come up for consideration on the application filed by the respondent for modification of the order dated 26.08.2013 passed by this Court, permitting the respondent to withdraw the amount deposited by the appellant on the respondent furnishing bank guarantee and the undertaking. The learned counsel Mr. Suresh Sahni for the respondent-applicant states that despite best efforts made by the respondent to procure the bank guarantee, the respondent has not been able to procure the same as various banks have declined to give bank guarantee to the respondent, which is a society. However, the learned counsel Mr. R.B. Mathur, for the appellant has strong objection to the modification of the said order. Having regard to the submissions made by the learned counsels for the parties, the order dated 26.08.2013 could not be modified as prayed for. The Deputy Registrar (Judicial) of this Court is directed to invest the said amount deposited by the appellant in the FDR in any Nationalized Bank for a period of five years which shall be renewed from time to time, till the pendency of the appeal. The application stands disposed of. However, in the facts and circumstances of the case, the hearing of the appeal is expedited forthwith.' 8. The applicant-Mr. Hitesh Garg, who is appearing in person contends that the Execution Court is not proceeding with the matter until this Court disposes this application for release of rupess One Crore deposited with the Registry of this Court, subsequently deposited in FDR, along with interest. Only after release, the remaining amount would be recovered in the execution proceedings. 9. Mr. Narendra Garg, who is appearing in person for Rajasthan State Mines and Minerals Ltd. contends that against dismissal of the SLP, a review petition is filed before the Hon'ble Supreme Court, which is pending. 10. Considering the entire facts of this case, there is no need for further detention of the aforesaid amount of rupees one crore along with the accrued interest. 10. Considering the entire facts of this case, there is no need for further detention of the aforesaid amount of rupees one crore along with the accrued interest. Therefore, the Registry is directed to take necessary steps for payment of the aforesaid amount of rupees one crore along with accrued interest in favour of M/s Ace Construction Mines and Minerals Cooperative Society Ltd. on furnishing a bond that in the event of interference with the award of the Arbitrator, M/s Ace Construction Mines and Minerals Cooperative Society Ltd. would refund the said amount along with interest to Rajasthan State Mines and Minerals Ltd. 11. Accordingly, the instant misc. application stands allowed.