BRAINS LOGISTICS PVT. LTD. Vs. PAWAN MUNJAL-MD

JUDGEMENT

(1.) Present Contempt Petition has been filed under Sec. 2(b) read with Ss. 10, 11 and 12 of the Contempt of Courts Act 1971 alleging violation of order dtd. 27/9/2018 (Annexure A-1) passed by this Court in CR-6451-2018 titled as 'Hero Motocorp Limited vs. Brains Logistics Pvt. Ltd.'; and order dtd. 13/11/2019 (Annexure A-2) passed by Division Bench of this Court in FAO-CARB-12-2019 titled as 'Hero Motocorp Limited vs. Brains Logistics Pvt. Ltd.'

(2.) The petitioner, present in person who is authorized by Brains Logistics Pvt. Limited for representing the Company before any Court vide Resolution dtd. 6/3/2016 inter alia submits that execution of the Arbitral Award in favour of the petitioner was stayed by this Court vide order dtd. 27/9/2018 passed in CR-6451-2018 on the specific undertaking given by the respondent before this Court that bank guarantee amount for the entire decretal/awarded amount shall be provided alongwith interest uptill date. This was so recorded by this Court, in the order dtd. 27/9/2018 while disposing of CR-6451-2018 as under:-

(3.) Subsequently, the objections filed by the respondent under Sec. 34 of the Arbitration and Conciliation Act were dismissed. Accordingly, the respondent had preferred FAO-CARB-12-2019 before this Court, in which the Division Bench had passed order dtd. 13/11/2019 (Annexure A-2), the operative part of which reads as follows: -