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10. On 2nd March 2009, the Court directed payment of interest amount of Rs.11,02,94,044.54 by the JD to the DH by 15th May 2009. The order dated 2nd March 2009 was taken up in appeal by the JD in EFA (OS) No. 17 of 2009. By order dated 11th May 2009, the said appeal was dismissed by the Division Bench as withdrawn with liberty to the JD to approach the learned Single Judge for extension of time in making payment.

11. When the matter was listed again before the learned Single Judge on 7th August 2009, the JD offered to make payment of the admitted liability of Rs.11,02,94,044.54 in three instalments. The order passed by the Court on that date reads as under:

Vide order dated 2nd March, 2009, this court passed a conditional order of proclamation of sale of immovable property under attachment of the judgment debtor i.e. registered office of Cement Corporation of India Ltd., Core-V, Scope Complex, Lodhi Road, New Delhi. The said order was challenged before the Division Bench by the judgment debtor by way of an appeal being EFA(OS) No. 17/2009 wherein the Hon'ble Division Bench has passed the following order:-

"EFA(OS) 17/2009 and CM No. 6683/2009 (stay) After some hearing learned counsel for the appellant seeks to withdraw the appeal and the application with liberty to move the learned Single Judge in accordance with law for extension of time in making the payment in terms of the impugned order. Liberty granted.

Dismissed as withdrawn."

Thereafter, the present application has been filed by the judgment debtor. During the consideration of the present application, the matter was adjourned from time to time for reporting settlement, if any, between the parties.