The Court disposed of enforcement proceedings arising from an arbitral award by consent, directing release of deposited amounts to the respective parties and appropriation of security deposits to fully satisfy the award.
Enforcement proceedings disposed of; amounts released to parties as per consent directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~43 & 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
SARITA MULTIPLEXES PRIVATE LIMITED .....Decree Holder Through: Mr. Amit Sood and Mr. Chandan Dutta, Advocates.
versus
CINEPOLIS INDIA PRIVATE LIMITED .....Judgement Debtor Through: Mr. Parmanand Yadav, Advocate. + OMP (ENF.) (COMM.) 140/2024
CINEPOLIS INDIA PVT LTD .....Decree Holder Through: Mr. Parmanand Yadav, Advocate.
versus
SARITA MULTIPLEXES PVT LTD .....Judgement Debtor Through: Mr. Amit Sood and Mr. Chandan Dutta, Advocates.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 22.08.2024
“206. Lessee-Claimant, Cinepolis is held entitled to refund of Rs. 4,46,22,050/- deposited with Court on account of lease rent plus GST pursuant to Order passed by the Hon'ble High Court at Ad-Interim stage in OMP (I)(COMM.) No. 149/2020 and order passed by the Tribunal dated 21.05.2020 affirming the ad-interim order in this arbitration. Amount was directed to be kept in Bank Deposit. Interest
Page 1 of 3
OMP (ENF.) (COMM.) 181/2024 & OMP (ENF.) (COMM.) 140/2024
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 27/08/2024 at 11:44:05
having accrued on the amount shall also be released to the LesseeClaimant.
207. Lessee-Claimant shall pay Occupation charges at the rate of rent plus GST @ last deposited by the Lessee with the Court i.e., for the month of January 2022, for the period 13.07.2022 till 23.04.2023 to the Lessor-Respondent within a period of three months. Default in compliance will attract interest@ 9% p.a. from the date of default till the amount is paid. GST part of the amount, as soon paid by the Lessee to the Lessor shall be deposited with the concerned Statutory Authority without any delay in accordance with law.”
Page 2 of 3
OMP (ENF.) (COMM.) 181/2024 & OMP (ENF.) (COMM.) 140/2024
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 27/08/2024 at 11:44:05
account of TDS will be deposited by Cinepolis with the tax authorities, and the statutory certificate will be issued to Sarita within the period prescribed.
PRATEEK JALAN, J
AUGUST 22, 2024 SS/
Page 3 of 3
OMP (ENF.) (COMM.) 181/2024 & OMP (ENF.) (COMM.) 140/2024
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 27/08/2024 at 11:44:05
1 issue framed by the court
How should the award dated 07.02.2024 be enforced and disposed of by consent?
1 provisions across 1 enactments
SARITA MULTIPLEXES PRIVATE LIMITED
CINEPOLIS INDIA PRIVATE LIMITED
PRATEEK JALAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
