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$~68, 69, 70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
(68) SARENS HEAVY LIFT INDIA PRIVATE LIMITED
.....Decree Holder Through: Mr. Dibya Nishant, Mr. Pallav Kumar, Ms. Farheen Penwale, Ms. Khushbu Dwivedi, Advs. (through v/c)
versus
GAMMON-CONSTRUTORA CIDADE-TENSACCIAI JV & ORS.
.....Judgement Debtors Through: Mr. Aniruddh Singh, Adv.
(69) SARENS HEAVY LIFT INDIA PRIVATE LIMITED
.....Decree Holder Through: Mr. Dibya Nishant, Mr. Pallav Kumar, Ms. Farheen Penwale, Ms. Khushbu Dwivedi, Advs. (through v/c)
versus
GAMMON CONSTRUTORA CIDADE TENSACCIAI JV & ANR.
.....Judgement Debtors Through: Ms. Parul Dhruvey and Ms. Awantika Manohar, Advs.
(70) M/S SARENS HEAVY LIFT INDIA PRIVATE LIMITED
.....Petitioner
Through: Mr. Dibya Nishant, Mr. Pallav Kumar, Ms. Farheen Penwale, Ms. Khushbu Dwivedi, Advs. (through v/c)
versus
M/S GAMMON-CONSTRUTORA CIDADE-TENSACCIAI JV
.....Respondent
Through: Mr. Aniruddh Singh, Adv
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 20/11/2024 at 12:35:32
CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R
% 13.11.2024
“ 2.GECPL has agreed and undertaken to pay the outstanding amount to Sarens Heavy Lift in 6 (six) installments starting from November 2024 in the following manner and the amount shall be remitted to bank account of Sarens Heavy Lift India Pvt. Ltd as per the details mentioned herein below:
| Sl. No. | Amount (INR) | Due Date of Payment |
|---|---|---|
| 1 | 50,00,000/- | On or Before 13th November 2024 |
| 2 | _32,42,645/- _ | On or Before 31st December 2024 |
| 3 | 32,42,645/- | On or Before 31st January 2025 |
| 4 | 32,42,645/ | On or Before 28th February 2025 |
| 5 | 32,42,645/- | On or Before 31st March 2025 |
| 6 | _32,42,645/- _ | On or Before 30th April 2025 |
Account Name: Sarens Heavy Lift India Pvt. Ltd. Bank & Branch: HSBC Ltd (Branch – 25 Barakhamba Road, New Delhi-110001) Account: 166381129001 IFSC Code: HSBC0110002
3. It is further discussed, decided and agreed upon by and amongst the parties that upon timely payment of first five installments as mentioned herein above then GECPL shall be eligible for a discount of INR 15 Lakh in last installment i.e. Installment 6. Thus, last installment 6 shall be of INR 17,42,645/- (i.e. INR 32,42,645 less INR 15,00,000). It is needless to add that Time is of Essence in performing this agreement.
8. Notwithstanding the aforementioned clauses, JV and GECPL agree and covenant that in the event of a default in making payment in terms of Clause 2, Sarens shall be entitled to the entire Awarded amount and
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 20/11/2024 at 12:35:32
shall also be entitled to proceed with OMP(ENF) (COMM) No.207 of 2023 for enforcement of Award dated 07.02.2023. The Parties agree that until payment of entire settlement amount in terms of Clause 2 and 3, OMP (ENF) (COMM) No. 207 of 2023 shall remain pending before the Hon’ble Court. This is without prejudice to any other available legal remedy for Sarens. ”
SACHIN DATTA, J
NOVEMBER 13, 2024/ cl
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 20/11/2024 at 12:35:32
Sarens Heavy Lift India Private Limited
Gammon-Construtora Cidade-Tensacciai JV
Sachin Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
