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Union of India(Apo) v. Delhi State Civil Supplies Corporation Ltd

Court
High Court of Delhi
Decided
25 July 2013
Bench
Rajiv Shakdherauthor
Case no.
EX.P. 278/2012

Judgment

Judgement Debtor Through: Ms Shifalika Dalmia for Ms Anju Bhattacharya, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER %

25.07.2013 In the captioned petitions, it is not disputed by the decree holder that pursuant to the orders passed by the Division Bench in three different appeals, i.e., FAO(OS) Nos. 529/2009, 541/2009 & 531/2009, directions have been issued for release of monies deposited by the judgment debtor. The orders in the three appeals bear an identical date, which is, 05.04.2010. The amount which the Division bench has ordered release of, are as follows: FAO(OS) No 529/2009 - Rs. 62,33,600/- FAO(OS) No 541/2009 - Rs. 58,44,600/- FAO(OS) No 531/2009 - Rs. 98,81,600/- Theseamountsare, admittedly,kept in fixed deposits. In the captionedexecutionpetitions,this court has also directed, in each of these petitions, on 14.12.2012,releaseof amounts in favour of EX.P.278/2012,279/2012&288/2012 Pagg j 2 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. the decree holder after due identification. To date no steps have been taken by the decree holder to seek release of the amounts. Counsel for the decree holder tells me today that, the nomenclature of the entity in whose name release has been ordered by the Division Bench is not correct and, therefore, an appropriate application would have to be filed before the Division Bench in each of the above-mentioned appeals. It may also be noted that this court vide its orders passed on

14.12.2012in the captionedpetitions,had given libertyto the decreeholders to file calculations,if any, vis-a-visthe balance decretalamount,whichmay be payable under the decree after the release of the amounts referred to above. No steps have been taken in this behalfas well. Learnedcounsel for the decree holder says that since they are not aware as to the total amount of interest which has accrued, the calculations could not be filed as directed by this court. The captioned petitions are disposed of in view of the fact that Division bench of this court has already ordered release of monies to the decree holder. In case any amounts are outstanding against the decrees, the decree holder, would have the liberty to approach this court with up to date calculations in place. RAJIV SHAKDHER, J JULY 25, 2013 Idc EX.P. 278/2012,279/2012&288/2012 Page2of2

Case details

Parties and counsel

$-12, 13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 278/2012, 279/2012 8c 288/2012 UNION OF INDIA(APO) Decree Holder Through: Mr Anuj Aggarwal & Mr Gaurav Khanna, Advs. versus DELHI STATE CIVIL SUPPLIES CORPORATION LTD

Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.