Ravi Mittal vs Kum Kum Mittal & Anr on 5 March, 2021

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Delhi High Court - Orders

Ravi Mittal vs Kum Kum Mittal & Anr on 5 March, 2021

Bench: Vibhu Bakhru

                         $~8
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     EX.P. 137/2010
                               RAVI MITTAL                                  ..... Decree Holder
                                                  Through Mr Ashish Mohan, Advocate

                                                  versus

                               KUM KUM MITTAL & ANR                ..... Judgement Debtors
                                           Through Mr Ajay Kumar Thakur, Advocate for
                                           JD No.1.
                                           Mr Ratan Kumar, Advocate for JD No.2.
                                           Mr Shishir Pinaki, Advocate.

                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                       ORDER

% 05.03.2021 [Hearing held through videoconferencing]

1. At the outset, the Local Commissioner states that the Demand Drafts received in favour of the Registrar General for a sum of ₹32 lakhs have since elapsed. He prays for directions for getting the said drafts replaced with fresh drafts in the agreement purchases.

2. Let the fresh drafts be obtained in replacement of the Demand Drafts as mentioned in Paragraph 15 of the report dated 19.10.2020 filed by the Local Commissioner. After replacement of the drafts, the same would be deposited with the Registry of this Court. The concerned Registrar is directed to place the same in an interest-bearing account for a period of six months.

Signature Not Verified Digitally Signed By:DUSHYANT RAWAL

3. The Local Commissioner has filed a report and states that a sum of approximately ₹1,38,95,000/- has been deposited with the Registry of this Court. The said amount is required to be shared by the Decree Holder and Judgment Debtor No.2. However, they also owe certain amounts to Judgment Debtor No.1.

4. After some arguments, the parties agree that a sum of ₹65 lakhs out of the amount, which is lying deposited with this Court, be paid to Judgment Debtor No.1 as an ad-hoc amount subject to further adjustments.

5. It is conceded by Mr Ashish Mohan, learned counsel appearing for the Decree Holder that the amount be adjusted from the amount payable to the Decree Holder against his liability.

6. In view of the above, the Registrar General is directed to forthwith release a sum of ₹65 lakhs in favour of Judgment Debtor No.1.

7. List for further proceedings on 16.03.2021.

8. In the meanwhile, the parties shall exchange a statement of their calculations and articulate the controversy, if any, involved.

9. List on 16.03.2021.

VIBHU BAKHRU, J MARCH 5, 2021 pkv Signature Not Verified Digitally Signed By:DUSHYANT RAWAL

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Delhi High Court - Orders