'State Of Turmoil In Afghanistan': Counsel for Afghan Embassy Seeks Adjournment Before Supreme Court

The Supreme Court on Thursday adjourned for six weeks a plea filed by the Embassy of Islamic Republic of Afghanistan after a request seeking the same was made by the Embassy's Counsel in wake of the current situation in Afghanistan resulting from the Taliban's takeover.

Citing the regime change in Afghanistan and the state of turmoil in the entire country, an adjournment was sought by Advocate Ejaz Maqbool to get further instructions from Afghanistan's Ambassador and Embassy located in New Delhi.

A Division Bench compromising Justice Vineet Saran and Justice Dinesh Maheshwari however asked the Counsel if 6 weeks would be enough considering the present situation in the country,. Advocate Eijaz Maqbool responded saying that "we should pray for our neighbouring country and hope that it stabilises soon".

The present case involves a special leave petition filed by the Embassy of Islamic Republic of Afghanistan challenging Delhi High Court's order dated June 18th, 2021 allowing the execution petition filed for enforcement of the arbitral award against the Embassy.

The Court also issued directions to the Embassy to deposit the amount of the award [Rs. 1,72,65,000/- as on May 6, 2021] within 4 weeks with the Registrar General of the Delhi High Court and also file its affidavit of assets on the date of the cause of action, date of the award as well as on the date of Impugned within 30 days.

As an interim relief, the Embassy has sought an ex-parte ad-interim stay of the arbitral award passed by the sole arbitrator and the execution proceeding pending before the Delhi High Court.

The dispute arose between the two parties out of a contract for Rehabilitation of Afghan Embassy entered into between Embassy of Islamic Republic of Afghanistan and KLA Const. Technologies Pvt. Ltd.

The Embassy has averred that since the respondent did only 40% of the work as per the contract which was of poor quality and failed to finish that work in time, the Embassy was left with no option but to engage another contractor to do the work for the rehabilitation of the Embassy.

After a sole arbitrator was appointed by the Apex Court on an application by the respondent, he rendered an order in favour of the claimant which was sought to be enforced by them by moving the Delhi High Court.

According to the Afghanistan Embassy, since the seat of arbitration was Kabul, Afghanistan, Part-I of the Act is not applicable and hence no Execution Petition is maintainable under Section 36 before the Delhi High Court.

The Embassy has argued before the top court that all the proceedings in the case proceeded ex-parte, as it did not appear after being advised that the curial law under the agreement was Afghan Law and therefore Indian courts had no jurisdiction.

Case Title: Embassy of Islamic Republic of Afghanistan vs KLA Const. Technologies Pvt. Ltd,  Special Leave Petition (Civil) Nos. 12557-12558 of 202

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