Bikaner House attachment case: Delhi Court orders release of Rs 92 lakh

New Delhi: The Patiala House Court in Delhi has ordered the release of Rs. 92 lakh to a company involved in an arbitration case against Nagar Palika Nokha, Rajasthan. District Judge (Commercial) Vidya Prakash issued the ruling after considering the arguments from both parties. Nagar Palika had previously deposited this amount with the court last.

New Delhi: The Patiala House Court in Delhi has ordered the release of Rs. 92 lakh to a company involved in an arbitration case against Nagar Palika Nokha, Rajasthan. District Judge (Commercial) Vidya Prakash issued the ruling after considering the arguments from both parties. Nagar Palika had previously deposited this amount with the court last month.

The court had earlier issued a warrant to attach Bikaner House in New Delhi, which is owned by Nagar Palika, but this was stayed pending payment. The Rajasthan High Court has already dismissed Nagar Palika’s appeal against the trial court’s decision.

The arbitration award favored M/s Enviro Infra Private Limited, which had completed work for Nagar Palika. On January 7, the court allowed Nagar Palika time to present any stay order from the High Court; otherwise, the funds would be released to M/s Enviro Infra Engineers Pvt. Ltd.

On November 29, the court had conditionally stayed the attachment of Bikaner House, contingent upon the timely deposit of the owed amount. This case relates to an arbitration award from 2011 for work done for Nagar Palika Nokha.

The court had previously issued a warrant for the attachment of Bikaner House due to Nagar Palika’s noncompliance with court orders, specifically their failure to provide an affidavit of assets despite multiple opportunities. The court deemed the case appropriate for such action.

Nagar Palika was prohibited from transferring or encumbering the specified property until further notice, as they had not satisfied the arbitration award issued on January 21, 2020, in favor of M/s Enviro Infra Engineers Pvt. Ltd.

The current execution petition seeks to enforce the arbitral award, and it is noted that Nagar Palika had filed a petition under Section 34 of the Arbitration and Conciliation Act, which was dismissed on January 24, 2024. The Counsel for the decree holder pressed for the attachment of the immovable property, Bikaner House.