Desk |
Updated: Nov 22, 2024 01:12 IST
Jaipur (Rajasthan) [India], November 22 (Desk): After a Delhi court ordered the attachment of Delhi’s Bikaner House in an arbitration case, Rajasthan Minister Jhabar Singh Kharra on Thursday stated that the state government would review the order and take appropriate action.
“We have seen the court’s decision regarding Bikaner House in the Nokha Municipal Council matter. The government will study the order and take necessary steps. Clearly, there has been some negligence, and appropriate action will be taken in this matter,” said Jhabar Singh Kharra.
Earlier today, Delhi’s Patiala House Court issued a warrant for the attachment of Bikaner House, owned by Rajasthan’s Nagar Palika Nokha.
The order was issued in connection with an execution petition for an arbitral award in favour of Infra Engineers Private Limited.
District Judge (Commercial) Vidya Prakash passed the order after observing the non-compliance with court directions.
“Given the aforementioned facts and circumstances, and noting that the Judgment Debtor (JD) failed to comply with the direction to furnish an affidavit of assets despite multiple opportunities, the court agrees with the submissions made on behalf of the Decree Holder (DH) and finds this a fit case for issuing warrants of attachment against the JD’s immovable property, namely Bikaner House, New Delhi,” the court stated in its order.
The court added, “Whereas you have failed to satisfy the award passed against you on January 21, 2020, in favour of M/s Enviro Infra Engineers Pvt. Ltd. for Rs. 50,31,512, it is hereby ordered that you, the said Nagar Palika, Nokha, State of Rajasthan, are prohibited and restrained, until further orders, from transferring or charging the property specified in the annexed schedule by sale, gift, or otherwise. All persons are likewise prohibited from receiving the same by purchase, gift, or otherwise.”
The court further directed the JD to appear for the next hearing on November 29.
The execution petition seeks enforcement of the arbitral award dated January 21, 2020, passed by the learned Arbitral Tribunal. The court noted that the JD had filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (OMP(COMM) No. 178/2023), titled Nagar Palika, Nokha, State of Rajasthan v. M/s Enviro Infra Engineers Pvt. Ltd., to challenge the arbitral award. However, the petition was dismissed on January 24, 2024.
The counsel for the DH requested the issuance of warrants of attachment for the JD’s immovable property, Bikaner House, New Delhi. (Desk)
