New Delhi: The Delhi High Court on Thursday (January 23) dismissed a plea filed by Rajasthan’s Nokha Municipal Council challenging an order of a district court upholding arbitration award against it and ordering attachment of municipal council-owned Bikaner House in the national capital
A bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed the appeal against the district court’s January 2024 order on the ground of delay in moving the appellate forum, news agency PTI reported.
District court last year passed an attachment order
The district court had last year passed an attachment order of the municipal council-owned Bikaner House, which is located in the heart of national capital, after the municipal council failed to pay the dues to Enviro Infra Engineers Private Limited following the arbitration award passed in the favour of the company in 2020.
Stay on auction of Bikaner House was recently extended till February 1
The district court in November 29 last year stayed its order on the attachment of Bikaner House and later extended the stay on attachment of Bikaner House. The stay on attachment of Bikaner House was recently extended till February 1 after an amount of Rs 92 lakh was deposited in the district court towards the arbitral award by the municipal council.
The district court had on September 18 last year noted the non-compliance of the directions of the court and had ordered the attachment of the Bikaner Hose.
The district court’s order came on a plea seeking enforcement of the arbitral award passed by an arbitral tribunal on January 21, 2020.
What did the court say while ordering attachment of Bikaner House?
“Keeping in view the fact that the Judgement Debtor (JD) had failed to comply with the direction for furnishing affidavit of their assets despite grant of repeated opportunities, the court, while agreeing with the submissions made on behalf of Decree Holder (DH), finds it a fit case for issuance of warrants of attachment against immovable property of JD namely Bikaner House, New Delhi,” the district court had said in September 18 last year order.
