Delhi High Court - Orders
Bcc Developers And Promoters Pvt. Ltd vs Union Of India on 25 May, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 139/2022
BCC DEVELOPERS AND PROMOTERS PVT. LTD.
..... Decree Holder
Through: Mr.Rahul Malhotra, Ms.Shruti Gupta,
Advocates.
versus
UNION OF INDIA
..... Judgement Debtor
Through: Mr.K.C.Dubey, Mr.V.K.Attri,
Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 25.05.2023
EX.APPL.(OS) 656/2023
1. This application is filed by the applicant/judgment debtor for recalling of an order dated 01.05.2023.
2. In terms of order dated 02.02.2023 the judgment debtor was directed to deposit an amount of Rs.3,78,88,356/- before the learned Registrar General of this Court. The decree holder then filed an application under Section 151 CPC for release of such amount. The advance service was affected through email of learned counsel of the judgment debtor on 26.04.2023 but because of marriage of nephew of learned counsel for the judgment debtor he could not respond and this Court passed an order dated 01.05.2023 for release of the deposited amount. It is submitted 90% of the amount has been paid to the decree holder for 63% of work done and as such no further amount be released to decree holder.
3. Admittedly, there is an award in favour of decree holder herein and in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 05:41:28 terms of order dated 02.02.2023 the judgment debtor was asked to deposit the said amount so awarded. I also perused the order dated 01.05.2023 qua release of the said amount in favour of decree holder. It is submitted the amount is to be released to the satisfaction of the learned Registrar General of this Court after verification of the title documents of properties proposed to be deposited by the decree holder as surety for such release. Thus, interest of the judgment debtor is sufficiently protected and hence there is no reason to recall order dated 01.05.2023.
4. The application stands dismissed.
5. The learned counsel for the judgment debtor submits he has also filed objections qua the valuation of the properties whose title documents have been submitted by the decree holder. Let the learned Registrar General take a call on this issue.
YOGESH KHANNA, J.
MAY 25, 2023 DU This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 05:41:28