Delhi High Court - Orders
Bhayana Builders Pvt. Ltd vs Chintels India Ltd on 15 November, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~26 & 27.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 174/2019 & EX.APPL.(OS) 3200/2022.
BHAYANA BUILDERS PVT. LTD. ..... Decree Holder
Through: Mr. Saurabh Kirpal, Sr. Adv. with
Ms. Manmeet Kaur, Mr. Chandan
Malav, Mr. Gurtejpal Singh, Ms.
Gaurangi Khanna, Mr. Nikhil
Arora, Advocates.
versus
CHINTELS INDIA LTD. ..... Judgement Debtor
Through: Mr. Kotta Harshavardhan, Ms.
Vishakha Gupta, Advocates.
+ OMP (ENF.) (COMM.) 175/2019 & EX.APPL.(OS) 3201/2022.
BHAYANA BUILDERS PVT. LTD. ..... Decree Holder
Through: Mr. Saurabh Kirpal, Sr. Adv. with
Ms. Manmeet Kaur, Mr. Chandan
Malav, Mr. Gurtejpal Singh, Ms.
Gaurangi Khanna, Mr. Nikhil
Arora, Advocates.
versus
CHINTELS INDIA LTD. ..... Judgement Debtor
Through: Mr. Kotta Harshavardhan, Ms.
Vishakha Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.11.2022 Signature Not Verified Digitally Signed By:SHITU NAGPAL OMP (ENF.) (COMM.) 174/2019 & OMP (ENF.) (COMM.) 175/2019 Page 1 of 3 Signing Date:16.11.2022 17:12:53
1. By an order dated 01.09.2022, it was directed as follows: -
"3. For the present, it is an admitted position that, in terms of the said awards, the principal amount awarded in favour of the decree holder, as upheld by the judgment dated 08.07.2022, is ₹4,56,59,980/- and ₹2,45,90,411/-, amounting to a total of ₹7,02,50,391/-.
4. By virtue of orders passed in these proceedings, the judgment debtor has deposited a sum of ₹6,65,27,716/- in this Court. Learned counsel for the parties agree that the said amount, alongwith interest accrued thereupon, may be released to the decree holder, subject to a maximum of ₹7,02,50,391/-. The Registry is directed to release this amount to the decree holder. The matter be listed before the learned Registrar General on 14.09.2022, when the Registry will submit a Report as the amount lying in the fixed deposits, and the Registrar General may pass further directions in this regard."
2. Mr. Saurabh Kirpal, learned Senior Counsel for the decree holder, states that the decree holder is in process of securing release of the amounts from the Registry. He submits that in addition to the principal amount, according in the paragraph 3 of the aforesaid order, interest is also due under the award under enforcement as modified by the judgment dated 08.07.2022 in O.M.P.(COMM) Nos. 444-445/2019.
3. Although the parties join issue as to the computation of interest, even according to the judgment debtor, an amount of ₹1,77,44,144/- was payable by way of interest in O.M.P(ENF.)(COMM.) 174/2019 as on 27.07.2022, and an amount of ₹76,38,653/- as interest calculated until 26.07.2020 in O.M.P(ENF.)(COMM.) 175/2019. As these are the admitted amounts contained in the affidavits filed by the judgment debtor [reply to EX.APPL.(OS) 3200/2022 in O.M.P(ENF.)(COMM.) 174/2019 and reply to EX.APPL.(OS) 3201/2022 in O.M.P(ENF.)(COMM.) 175/2019], Mr. Kotta Harshavardhan, learned counsel for the judgment debtor, states that these amounts will also be remitted directly to the decree holder within six weeks, without prejudice to the rights and Signature Not Verified Digitally Signed By:SHITU NAGPAL OMP (ENF.) (COMM.) 174/2019 & OMP (ENF.) (COMM.) 175/2019 Page 2 of 3 Signing Date:16.11.2022 17:12:53 contentions of the parties on the further claims asserted by the decree holder.
4. Learned counsel for the decree holder will communicate to Mr. Harshavardhan, the account details where remittance is required to be made, within one week from today.
5. List on 29.03.2023.
6. The Registry will also furnish a report as to the interest accrued on the amounts deposited by the judgment debtor in O.M.P(ENF.)(COMM.) 175/2019 and make copies of that report available to the learned counsel on record for both parties before the next date of hearing.
PRATEEK JALAN, J NOVEMBER 15, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SHITU NAGPAL OMP (ENF.) (COMM.) 174/2019 & OMP (ENF.) (COMM.) 175/2019 Page 3 of 3 Signing Date:16.11.2022 17:12:53