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The Delhi High Court has issued notice to the Afghan Embassy  in a plea filed by KLA Const Technologies Pvt Ltd. seeking attachment of movable and  immovable assets of the Embassy over the apprehension of execution of award due to the collapse of Islamic Republic of Afghanistan and rapid take-over of the country by Taliban.

The single judge bench of Justice Suresh Kumar Kait having regard to the fact that the arbitral award pertains to the year 2018 and despite directions of the Court vide judgment dated June 18, 2021, Counsel for the Embassy was unable to disclose assets of the Embassy coupled with the prevalent situation in Afghanistan, the Court has directed Kotak Mahindra Bank, Branch D Block, Vasant Vihar New Delhi to ensure that the total minimum balance amount in three accounts of the Embassy, shall not be less than Rupees One crore and Eighty Lacs.

 Advocate Raguvendra Bajaj appearing for Afghanistan Embassy submitted  that the Special Leave Petition against the judgment passed by the High  Court, came up for hearing before the  Supreme Court on August 19, 2021 and in view of the fact that judgment debtor had no instructions, the same has been deferred for six weeks.

 It was further submitted that judgment debtor had no instructions in the present case and prayed for two weeks’ time to obtain instructions. The aforesaid submission was  strongly opposed by the petitionersubmitting that in the present scenario prevalent in Afghanistan, decree holder may not be able to recover the awarded amount and, therefore, the bank accounts of judgment debtor be attached so that funds can be utilized for recovery in present proceedings.

The petitioner  informed that as of date, amount of Rupees One crore and Eighty Lacs (including interest) is due towards the award and against the judgment debtor.

Having heard both the parties the Court said "Keeping in mind that the arbitral award pertains to the year 2018 and despite directions of this Court vide judgment dated 18.06.2021, learned counsel is unable to disclose assets of judgment debtor and pleads no instructions, coupled with the fact that the prevalent political situation in Islamic Republic of Afghanistan is not clear, this Court is left with no option but to take on record the details of assets of judgment debtors so furnished on behalf of decree holder in the present application."

The Court however granted liberty to the Embasssy to approach the  Court in case of exigency, if any so arises before the next date of hearing.

The matter has been listed for next hearing on September 13.

 Case Title: KLA CONST TECHNOLOGIES PVT. LTD vs THE EMBASSY OF ISLAMIC REPUBLIC OF AFGHANISTAN