ELECON ENGINEERING CO. LTD. vs CEMENT CORPORATION OF INDIA THROUGH MANAGING DIRECTOR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement reserved on: 12.01.2026 Judgement delivered on: 28.01.2026 + OMP (ENF.) (COMM.) 146/2016 & I.A. 3174/2017 (Objections on behalf of the judgment debtors under Section 47) ELECON ENGINEERING CO. LTD. .....Decree Holder Through: Mr. Sanjeev K. Sharma, Mr. Rajiv Dalal and Ms. Dipti Singh Arya, Advocates versus CEMENT CORPORATION OF INDIA THROUGH MANAGING DIRECTOR .....Judgement Debtor Through: Mr. Jainendra Maldahiyar, Advocate CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Execution petition has been filed by the Decree Holder under Section 36 of the Arbitration and Conciliation Act, 19961 read with Order XXI Rule 11 and Section 151 of the Code of Civil Procedure, 19082, seeking enforcement of the Arbitral award dated 15.11.19933, which was made rule of the Court vide Judgment dated 08.10.2002, passed in Suit No. 2730/1993, and subsequently 1 Act 2 CPC 3 Award Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA OMP (ENF.) (COMM.) 146/2016 Page 1 of 23 Signing Date:30.01.2026 18:28:13 modified by Order dated 11.02.2004 insofar as grant of post-decretal interest is concerned. 2. The said decree has attained finality, the challenge laid thereto having been dismissed, and the execution is resisted by the Judgment Debtor through I.A. No. 3174/2017, filed under Section 47 of the CPC, by which the Judgment Debtor has raised objections to the Execution Petition. In these circumstances, the fate of the Execution Petition is contingent upon the outcome of the I.A. No. 3174/2017. 3. By way of the Execution Petition, the Decree Holder seeks satisfaction of the decree by recovery of the decretal amount aggregating to a sum of ₹1,31,75,495/-, computed in