Delhi High Court - Orders
South Delhi Municipal Corporation vs Sweka Power Tech Engineers Pvt. Ltd. & ... on 14 March, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 469/2020 and I.A. 8088/2020
SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Mr. (appearance not given), Adv.
versus
SWEKA POWER TECH ENGINEERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Gaurav Sarin, Ms. Charul Sarin
and Mr. Harish Kumar, Advocates for
R-1.
Mr. Shubhankar, Advocate for Mr.
Sunil Goel, Standing Counsel for R-2.
Mr. Ramesh Singh, Senior Advocate
with Ms. Rishi Agrawala, Mr. Karan
Luthra and Ms. Shruti Arora,
Advocates for JSW.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 14.03.2023 The directions contained in the order dated 28.11.2022 have not been complied with by the petitioner in as much as the requisite amount as directed vide para-3 of the said order has not been deposited by the petitioner.
During the course of hearing, learned counsel for the petitioner has handed over a calculation sheet, as per which the deficit amount that remains to be deposited by the petitioner as on 14.03.2023 is Rs. 29,48,379.61/-.
Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:17.03.2023 18:09:29Learned counsel for the respondent no.1 draws attention to an affidavit filed on behalf of respondent no.1 on 03.03.2021 wherein it has been brought out that as on that date, there was a shortfall in deposit on the part of the petitioner to the tune of Rs. 43,56,014/-. It is further submitted by learned counsel for the respondent that as on 15.03.2023, (taking on account the post award interest), the shortfall is to the tune of Rs. 97,35,034/-.
For now, the petitioner is directed to forthwith deposit the aforesaid amount of Rs. 29,48,379.61/- being the admitted amount of shortfall, latest within a period of two weeks from today.
Learned counsel for the respondent no.1 seeks that the petitioner be also directed to deposit the balance decretal amount as per the calculation of the respondent no.1. The same shall be considered on the next date of hearing.
The petitioner is directed to file its short synopsis, not exceeding five pages, before the next date of hearing.
List on 19.05.2023.
SACHIN DATTA, J MARCH 14, 2023/AR Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:17.03.2023 18:09:29