Akash Jain v. Samat Bhadra Cghs Ltd

O R D E R %

21.11.2011

¶1The Decree Holder ('DH') has recalculated the amounts which according to the DH are owing to him after accounting the fact that an appeal against one portion of the Award concerning additional escalation costs in the sum of Rs. 17,66,993/- has been stayed by the Division Bench of this Court by an order dated 2nd June 2010 in FAO (OS) No. 395 of 2010. The stay was granted subject to the Judgement Debtor ('JD') depositing a sum of Rs. 12,00,000/- in this Court, which the JD has since done, on 14th July 2010. Ex. P. 384/2010

Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶2The present controversy is about the sum of Rs. 23,31,530/- that has now been paid by the DH to the Petitioner in terms of the judgment dated 20th January 2010. According to the DH since the six months' period within which the said payment had to be made expired on 20th July 2010 and since the payment was made by the JD on 24th July 2010, the applicable interest would be 9%.

¶3The above submission was disputed by learned counsel for the JD, who points out that pay order in the sum of Rs. 23,31,530/- was in fact ready on 20th July 2010 itself. A letter was issued to the DH on that date itself to come and collect the said pay order. However, the DH did not collect the pay order till 24th July 2010.

¶4The above submissions have been considered. It is held that, barring the amount awarded towards additional escalation, i.e., Rs. 17,66,993/-, the remaining portion of the judgment and decree dated 20th January 2010 passed by this Court in O.M.P. No. 231 of 1998 stands satisfied.

¶5As regards the balance amount, that will depend on the outcome of the

Ex. P. 384/2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI #9 + EX.P. 384/2010 & E.A. No. 263/2011 AKASH JAIN ..... Decree Holder Through: Mr.Vikas Sharma, Advocate. versus SAMAT BHADRA CGHS LTD ..... Judgement Debtor Through: Mr. Fanish K.Jain, Advocate. CORAM: JUSTICE S. MURALIDHAR