Full Text
Translation output
$-6,7,8 & 9 HIGH COURT OF DELHI EA No.545/2013 in Ex.P. 164/2011
M/S NITTY CONSTRUCTION CO & ANR Decree Holders
Through: Mr. Anlcit Jain, Adv.
M/S NITTY CONSTRUCTION CO & ANR Decree Holders
Through: Mr. Anlcit Jain, Adv.
VERSUS
MCD Judgement Debtor
Through; Mr. Mukesh Gupta, Standing Counsel along with Mr. Arvind Malik, AE.
EA No.546/2013 in Ex.P. 165/2011 ASHOK KUMAR Decree Holder
Through: Mr. Ankit Jain, Adv.
Through; Mr. Mukesh Gupta, Standing Counsel along with Mr. Arvind Malik, AE.
EA No.546/2013 in Ex.P. 165/2011 ASHOK KUMAR Decree Holder
Through: Mr. Ankit Jain, Adv.
VERSUS
Through: Mr. Mukesh Gupta, Standing Counsel EA No.544/2013 in Ex.P. 166/2011
M/S HONEY CONSTRUCTION CO & ANR Decree Holders
Through: Mr. Ankit Jain, Adv.
M/S HONEY CONSTRUCTION CO & ANR Decree Holders
Through: Mr. Ankit Jain, Adv.
VERSUS
EA No.543/2013 in Ex.P. 167/2011 SANT KR GUPTA Decree Holder
Through: Mr. Anlcit Jain, Adv.
Through: Mr. Anlcit Jain, Adv.
VERSUS
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER Ex.P. NOS. 164-167/2011 page 1of2
2013:DHC:6668
01.10.2013 Mr. Mukesh Gupta, who appears for the
2013:DHC:6668
01.10.2013 Mr. Mukesh Gupta, who appears for the
ORDER
debtor in the captioned matters, says that he has obtained instructions to the extent that the judgment debtor has no objection to the release of the amount lying with the Registry.
As noted in the previous order, i.e. 11.9.2013, the amount lying with the Registry is the difference in the rate of interest as awarded by the learned
Single Judge as against that which is awarded by the Division Bench.
The Division Bench restored the award of interest to the rate awarded by the learned Ai'bitrator, i.e. 12% per annum.
The decree holders are thus entitled to the release of the differential amount, especially in view of the fact that the special leave petition against the Division Bench order also stands dismissed in the meanwhile.
The Registry is directed to release the amount to the decree holders.
In case the differential amount of interest is lying in a fixed deposit, any interest accrued thereon, shall also be released in favour of the decree holders.
The captioned applications are, accordingly, disposed of.
The Registry will release the amount to the decree holders and/or authorised representatives of the decree holders upon due satisfaction with regard to their authority.
RAJIV
OCTOBER 01, 2013 s.pal Ex.P. NOS.164-167/2011 page 2 of2
SHAKDHER, J 2013:DHC:6668
As noted in the previous order, i.e. 11.9.2013, the amount lying with the Registry is the difference in the rate of interest as awarded by the learned
Single Judge as against that which is awarded by the Division Bench.
The Division Bench restored the award of interest to the rate awarded by the learned Ai'bitrator, i.e. 12% per annum.
The decree holders are thus entitled to the release of the differential amount, especially in view of the fact that the special leave petition against the Division Bench order also stands dismissed in the meanwhile.
The Registry is directed to release the amount to the decree holders.
In case the differential amount of interest is lying in a fixed deposit, any interest accrued thereon, shall also be released in favour of the decree holders.
The captioned applications are, accordingly, disposed of.
The Registry will release the amount to the decree holders and/or authorised representatives of the decree holders upon due satisfaction with regard to their authority.
RAJIV
OCTOBER 01, 2013 s.pal Ex.P. NOS.164-167/2011 page 2 of2
SHAKDHER, J 2013:DHC:6668