Delhi High Court - Orders
Progressive - Mvr (Jv) vs National Highways Authority Of India on 13 April, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 81/2016
PROGRESSIVE - MVR (JV) ..... Decree Holder
Through Dr Amit George, Advocate with
Mr Swaroop George, Mr Amol
Acharya, Mr Rayadurgam Bharat and
Mr Piyo Harold, Advocates.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA
..... Judgement Debtor
Through Mr S. Nandakumar and Ms Deepika
Nandakumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 13.04.2021 [Hearing held through videoconferencing]
1. Mr Nandakumar, learned counsel appearing for the NHAI-Judgment Debtor referred to a calculation sheet according to which a sum of ₹74,69,64,875/- is computed as due and payable by the Decree Holder as on 31.01.2021. Mr Nandakumar further states that the said calculation also adjusted the amount payable by NHAI to the Decree Holder against an Arbitral Award dated 27.02.2018 which is the subject matter of OMP (ENF) (COMM) 245/2018.
2. Dr George, learned counsel appearing for the Decree Holder states that there is a minor difference in the amount as calculated by the Judgement Debtor and the Decree Holder, but he has instruction to accept the said Signature Not Verified digitally signed by:DUSHYANT RAWAL calculation as furnished by Judgement Debtor (NHAI). Dr George also submits that the Decree Holder is also the lead partner in M/s PCL Suncon (JV) which has secured an Arbitral Award dated 23.08.2012 that is the subject matter of OMP (ENF) (COMM)135/2019. He states that the amount payable as computed and furnished by NHAI may be set off against the amounts due to the Decree Holder in that case. The learned counsel appearing for the parties agree that if the same is done, no amount would be payable by the Decree Holder in this petition. On the contrary, some amounts may be due to the Decree Holder from the Judgement Debtor.
3. In view of the statements made by the parties, no further orders are required be passed in this petition except to direct that the amount due from the Decree Holder in this petition may be set off against the amount due to the Decree Holder in O.M.P. (ENF) (COMM)135/2019.
4. Petition stands disposed of in the aforesaid terms.
VIBHU BAKHRU, J APRIL 13, 2021 nn Signature Not Verified digitally signed by:DUSHYANT RAWAL