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Posco Engineering & Construction India Pvt. Ltd. v/s Sinew Developers Pvt. Ltd.


Company & Directors' Information:- POSCO-INDIA PRIVATE LIMITED [Active] CIN = U27104OR2005PTC008316

Company & Directors' Information:- POSCO ENGINEERING AND CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200HR2007PTC036688

Company & Directors' Information:- SINEW DEVELOPERS PRIVATE LIMITED [Active] CIN = U45202PN1994PTC128486

Company & Directors' Information:- V-INDIA ENGINEERING & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74110GJ2011PTC064562

Company & Directors' Information:- V-INDIA ENGINEERING & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200GJ2011PTC064562

Company & Directors' Information:- ENGINEERING CONSTRUCTION COMPANY LIMITED [Strike Off] CIN = U45200MH1944PLC004182

Company & Directors' Information:- S K ENGINEERING AND CONSTRUCTION COMPANY INDIA PRIVATE LIMITED [Active] CIN = U45402TZ2010PTC015941

Company & Directors' Information:- R B ENGINEERING AND CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248OR2012PTC014921

Company & Directors' Information:- H. D. CONSTRUCTION ENGINEERING PRIVATE LIMITED [Active] CIN = U45200JH2017PTC009877

Company & Directors' Information:- R O K CONSTRUCTION AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200KL2008PTC022597

Company & Directors' Information:- V J ENGINEERING AND CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45209PN2020PTC191850

Company & Directors' Information:- B S ENGINEERING & CONSTRUCTION PRIVATE LIMITED [Amalgamated] CIN = U45400WB2013PTC199280

Company & Directors' Information:- C K D ENGINEERING CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202WB1999PTC090674

Company & Directors' Information:- D A T DEVELOPERS AND CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202UP2014PTC062210

Company & Directors' Information:- C D C ENGINEERING CONSTRUCTION COMPANY PVT LTD [Active] CIN = U74210WB1991PTC051720

Company & Directors' Information:- N Y CONSTRUCTION AND DEVELOPERS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45202MH1997PTC109463

Company & Directors' Information:- D & F CONSTRUCTION & ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070764

Company & Directors' Information:- R. A, ENGINEERING AND CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2019PTC118225

    Miscellaneous Application No. 927 of 2020 in SLP (C) No. 25412 of 2019

    Decided On, 11 May 2020

    At, Supreme Court of India

    By, THE HONOURABLE DR. JUSTICE D.Y. CHANDRACHUD & THE HONOURABLE MR. JUSTICE M.R. SHAH

    For the Petitioner: Tejas Karia, Ila Kapoor, Shruti Sabharwal, Mitali Daryani, Advocates, S.S. Shroff, AOR (NP). For the Respondent: Neeraj K. Kaul, Sr. Advocate, Apoorva Kaushik, Priyakshi Bhatnagar, Lalit Kumar Jain, Gaurav Gopal, Aman Raj Gandhi, Akash Lamba, Advocates, Pranaya Goyal, AOR.



Judgment Text


The Court convened through video conferencing.

By the order of this Court dated 4 February 2020, the applicant (the respondent in the Special Leave Petition) was directed to deposit an amount of Rupees Five Crores by 31 March 2020, failing which the stay granted by the High Court on the enforcement of the arbitral award was to stand vacated.

An application for extension of time has been filed.

Mr Neeraj Kishan Kaul, learned senior counsel, has pressed the application on the ground of the prevailing situation which has arisen due to the outbreak of Covid-19.

Mr Tejas Karia, learned counsel, has opposed the application. He submitted that his client has an arbitral award in his favour and, hence, no extension of time should be granted.

Having heard the learned counsel, we pass the following order:

(i) The applicant shall deposit an amount of Rupees One Crore before the Registry of the High Court of Judicature at Bombay within a period of one week from today;

(ii) Conditional on the deposit, as stipulated in (i) above, time for deposit of the balance of Rupees Four Crores shall stand extended until 15 June 2020;

(iii) In the event that there is any breach in complying with any of the above directions, the stay which has been granted on the enforcement of the arbitral award shall stand vacated; and

(iv) The amount upon deposit shall be permitted to be withdrawn by the petitioner subject to the terms and conditions a

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s set out in the order dated 4 February 2020. (v) No further extension shall be granted. The Miscellaneous Application is accordingly disposed of.
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