Unitech Ltd vs Mahanagar Telephone Nigam Ltd on 28 September, 2022

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Delhi High Court - Orders

Unitech Ltd vs Mahanagar Telephone Nigam Ltd on 28 September, 2022

Bench: Prateek Jalan

                    $~37
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +          OMP (ENF.) (COMM.) 220/2018

                               UNITECH LTD.                                     ..... Decree Holder
                                                       Through:   Ms. Anubha Agrawal, Advocate.

                                                              versus

                               MAHANAGAR TELEPHONE
                               NIGAM LTD.                       ..... Judgement Debtor
                                          Through: Mr. Jasbir Bidhuri, Advocate.

                    CORAM:
                    HON'BLE MR. JUSTICE PRATEEK JALAN

                                         ORDER

                    %                    28.09.2022
                    EX.APPL.(OS) 3529/2022

1. This is an application for modification of the order dated 01.09.2022 in respect of the quantification of the amount remaining due from the judgment debtor-Mahanagar Telephone Nigam Ltd. ["MTNL"] to the Decree Holder-Unitech Ltd ["Unitech"].

2. The modification sought is in respect of paragraphs 5 and 7 of the aforesaid order, which read as follows:-

"5.What remains is the claim for interest on the said amount which has been quantified by the judgment debtor at ₹1,63,27,902/- and the principal amount of ₹11,29,603/-, i.e. a total sum of ₹1,74,57,505/-. Mr. Bidhuri states that the aforesaid amount will be paid by the judgment debtor to the decree holder within eight weeks from today. Learned counsel for the parties accept that the award will be fully satisfied with the said payment.

Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:29.09.2022 17:04:45 OMP (ENF.) (COMM.) 220/2018 Page 1 of 2

xxxx xxxx xxxx

7.In the event, the sum of ₹1,74,57,505/- is not paid by the judgment debtor to the decree holder within the aforesaid period of eight weeks, it will be open to the decree holder to seek revival of the present proceedings."

3. It is stated by Mr. Jasbir Bidhuri, learned counsel for MTNL, that the amount of ₹11,29,603/-, mentioned in paragraph 5 of the order was already included in the total balance amount of ₹1,63,27,902/-. To the extent that the said amount has been added again to the amount of ₹1,63,27,902/-, it is contended that an error has crept into the order.

4. Ms. Anubha Agrawal, learned counsel for Unitech, does not dispute this position.

5. The order dated 01.09.2022 is, therefore, modified to the extent that the total amount remaining payable from MTNL to Unitech is ₹1,63,27,902/-, inclusive of the amount of ₹ 11,29,603/- payable under claim No. 4(b). Paragraphs 5 and 7 of the order dated 01.09.2022 will be read in these terms. The time for payment of the aforesaid amount is extended until six weeks from today.

6. The application is disposed of in these terms.

PRATEEK JALAN, J SEPTEMBER 28, 2022 'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:29.09.2022 17:04:45 OMP (ENF.) (COMM.) 220/2018 Page 2 of 2

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Delhi High Court - Orders