184 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH COCP No. 1101 of 2025 (O&M) Date of Decision: 30.04.2025 M/s. Three Vee Marketing Pvt. Ltd., Chandigarh through its Director, Sh. Vivek Nijhawan .......... Petitioner Versus Mr. Sharad Kumar, Chairman, Chandigarh International Airport Ltd., Chandigarh and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. R.P.S. Bara, Advocate with Mr. Alankar Narula, Advocate for the petitioner. Mr. Sanjeev Manrai, Senior Advocate, assisted by Mr. Gaurav Goyal, Advocate for respondent Nos. 1 to 4-Chandigarh International Airport Ltd. alongwith Mr. Ajay Verma, CEO, CHIAL; Mr. Surender Kumar, CEO, CHIAL; Mr. Nimit Sharma, CS, CHIAL; Ms. Manpreet Kaur, HOD Commercial, CHIAL; and Mr. Hemant Kumar Sunny, Manager (Legal), CHIAL. **** HARKESH MANUJA, J. (ORAL) This Court, vide order dated 17.03.2025 while issuing notice of motion, passed this following order:- “ Referring to clause (b) to Section 2 of the Contempt of Courts Act, 1971 read with Section 36 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’) it has been inter alia submitted that the award passed by the Arbitrator being a decree; in case of its willful non- compliance, contempt jurisdiction can be invoked. It has been further stated that despite specific directions being passed against the respondent neither the bank guarantee has been discharged and returned nor even the amount Dinesh Kumar 2025.05.01 18:45 I attest to the accuracy and integrity of this document COCP No. 1101 of 2025 (O&M) [2] payable under the award has been deposited, though petition under Section 34 of the Act has been preferred before the Principal Civil Court at Chandigarh. However, no interim order has been passed in favour of the respondents. Notice of motion for 08.04.2025. ” [2] Learned Senior Counsel appearing for respondent Nos. 1 to 4 has handed over a cheque No. 000054, dated 30.04.2025, amounting to Rs.2,40,00,000/- (Two Crores Forty Lakhs only), drawn at HDFC Bank, made in favour of the petitioner, to the learned counsel for petitioner, which has been accepted. A photocopy of the same has been retained for the purpose of record. [3] The aforesaid amount of Rs.2,40,00,000/- is equivalent to the amount of bank guarantee to be discharged in favour of petitioner in compliance of the directions issued by the Arbitrator vide its Award dated 31.07.2023. [4] As a matter of record, the aforementioned Award has been challenged at the instance of respondent-CHIAL while invoking Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Act, 1996) alongwith an application for grant of stay. The tendering of aforementioned cheque at the instance of respondent-CHIAL would be without prejudice to the rights of respondent-CHIAL in the application under Section 34 of the Act, 1996 as well as the stay application, which shall be decided on its own merits. [5] With respect to any claim of interest / damages, if permissible under law, on the alleged delayed discharge of the amount equivalent to the bank guarantee in favour of petitioner, liberty is granted to avail remedy as Dinesh Kumar 2025.05.01 18:45 I attest to the accuracy and integrity of this document COCP No. 1101 of 2025 (O&M) [3] per law. [6] Disposed off accordingly. [7] Rule stands discharged. [8] Pending miscellaneous application(s), if any, shall also stand disposed off. April 30, 2025 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Dinesh Kumar 2025.05.01 18:45 I attest to the accuracy and integrity of this document