Page No.# 1/6 GAHC010062602025 2025:GAU-AS:8005 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/857/2025 ELLISON OILFIELD SERVICE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 28, FOURTH FLOOR, FOUR D SQUARE MALL VISAT TO GANDHINAGAR HIGHWAY, MOTERA AHMEDABAD 280005 AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE MR. PRANJAL GO VERSUS OIL AND NATURAL GAS CORPORATION LIMITED A CORPORATION REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE PANDIT DEEN DAYAL UPADHYAYA URJA BHAWAN, 5 NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI - 110070 2:CHAIRMAN CUM MANAGING DIRECTOR OIL AND NATURAL GAS CORPORATION LIMITED PANDIT DEEN DAYAL UPADHYAYA URJA BHAWAN 5 NELSON MANDELA MARG VASANT KUNJ NEW DELHI 110070 3:GENERAL MANAGER (MM) ONGC ASSAM ASSET NAZIRA ASSAM 78568 Linked Case : CRP(IO)/71/2024 ELLISON OILFIELD SERVICE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND Page No.# 2/6 HAVING ITS REGISTERED OFFICE AT 28 4TH FLOOR FOUR D SQUARE MALL VISAT TO GANDHINAGAR HIGHWAY MOTERA AHMEDABAD 280005 AND IS REPRESENTED BY ITS DULY AUTHORISED REPRESENTATIVE MR. PRANJAL GOSWAMI MANAGER PROJECT (NE REGION) OF PETITIONER COMPANY RESIDENT F HOUSE NO. 1061 WARD NO. 10 GIRINDANATH DUTTA PATH PHUKAN NAGAR SIBSAGAR ASSAM 785640 VERSUS OIL AND NATURAL GAS CORPORATION LIMITED AND 2 ORS A CORPORATION REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT PANDIT DEEN DAYAL UPADHYAYA URJA BHAWAN 5 NELSON MANDELA MARG VASANT KUNJ NEW DELHI 110070 2:CHAIRMAN CUM MANAGING DIRECTOR OIL AND NATURAL GAS CORPORATION LIMITED PANDIT DEEN DAYAL UPADHYAYA URJA BHAWAN 5 NELSON MANDELA MARG VASANT KUNJ NEW DELHI 110070 3:GENERAL MANAGER (MM) ONGC ASSAM ASSET NAZIRA ASSAM 785685 For the applicant (s) : Mr. D. Senapati, Advocate Mr. H. K. Sarma, Advocate For the respondent (s) : Mr. B. Choudhury, Advocate Page No.# 3/6 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 13.06.2025 Heard Mr. D. Senapati, the learned counsel appearing on behalf of the applicant and Mr. B. Choudhury, the learned counsel who appears on behalf of the respondent. 2. The present application has been filed seeking modification of the order dated 22.05.2024 passed in CRP(IO) No.71/2024 on the ground that the directions so passed by this Court as contained in paragraph No.3 of the said order are not be implemented on the ground that the learned Executing Court, i.e. the Court of the learned Civil Judge (Senior Division) at Sivasagar does not have a Bank Account which also appears to be correct taking into account the order passed by the learned Executing Court dated 07.02.2025 in Money Execution (Arbitration) Case No.01/2024. The paragraph Nos.3 & 4 of the order passed by this Court on 22.05.2024 in CRP(IO) No.71/2024 is reproduced herein under:- “3. Taking into account the said submission, this Court continues the stay so granted vide the order dated 13.12.2023 in Misc. (Arbitration) Case No.1/2023 subject to the Respondent ONGC depositing 60% of the arbitral award before the learned Executing Page No.# 4/6 Court on 24.06.2024 and the remaining 40% of the arbitral award be guaranteed by a Bank Guarantee of Nationalised Bank in favour of the learned District Judge, Sivasagar. 4. It is further made clear that upon the said amount of 60% being deposited, the Petitioner herein would be entitled to release of the said amount subject to furnishing due security to the satisfaction of the learned Executing Court.” 3. Mr. B. Choudhury, the learned counsel who appears on behalf of the ONGC submits that the ONGC carries out all its banking transaction through a bank in the name and style of ICICI Bank Limited. He therefore submits that the direction for submission of Bank Guarantee of the 40% of the arbitral award from a Nationalized Bank be modified with a direction that the Bank Guarantee to be submitted be issued by the ICICI Bank Limited. 4. Having noted the respective submissions and the difficulties so faced, this Court disposes of the instant application with the following observations and directions:- (i) The ONGC Limited shall deposit a Demand Draft/Banker’s Cheque in the name of the applicant herein before the Court of the learned Civil Judge (Senior Division) at Sivasagar within 30 days from today. (ii) The Court of the learned Civil Judge (Senior Division) at Page No.# 5/6 Sivasagar shall hand over the Demand Draft/Banker’s Cheque so deposited by the ONGC in terms with the directions contained in Clause (i) hereinabove to the applicant/decree holder subject to the applicant/decree holder furnishing an undertaking to the effect that in the circumstances, the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the ONGC, i.e. Misc.(Arbitration) Case No.1/2023 {subsequently re- numbered as Misc.(Arbitration) Case No.8/2024} is allowed, the applicant herein/decree holder shall return the said amount to the ONGC. The said undertaking shall also specify as to how the applicant would be in a position to satisfy its undertaking with its movable/immovable assets. (iii) This Court further directs that instead of submission of a Bank Guarantee of a Nationalized Bank in favour of the learned District Judge, Sivasagar, the ONGC shall submit a Bank Guarantee of the 40% of the arbitral award issued by the ICICI Bank Limited in favour of the Court of the learned Civil Judge (Senior Division) at Sivasagar. (iv) This Court grants 30 days time to the ONGC to fulfill the above stipulations and Arbitral Award shall remain stayed till 14.07.2025. Upon compliance to the above stipulations, the Court of the learned Civil Judge (Senior Division) at Page No.# 6/6 Sivasagar shall extend the stay of the Arbitral Award till the disposal of Misc.(Arbitration) Case No.8/2024. JUDGE Comparing Assistant