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$-12, 13 & 14 HIGH COURT OF DELHI
EX.P. 278/2012, 279/2012 8c 288/2012
UNION OF INDIA(APO) Decree Holder
Through: Mr Anuj Aggarwal & Mr Gaurav Khanna, Advs.
EX.P. 278/2012, 279/2012 8c 288/2012
UNION OF INDIA(APO) Decree Holder
Through: Mr Anuj Aggarwal & Mr Gaurav Khanna, Advs.
VERSUS
DELHI STATE CIVIL SUPPLIES CORPORATION LTD Judgement Debtor
Through: Ms Shifalika Dalmia for Ms Anju Bhattacharya, Adv.
Through: Ms Shifalika Dalmia for Ms Anju Bhattacharya, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
25.07.2013 In the captioned petitions, it is not disputed by the decree holder that pursuant to the orders passed by the Division Bench in three different appeals, i.e., FAO(OS) Nos. 529/2009, 541/2009 & 531/2009, directions have been issued for release of monies deposited by the
25.07.2013 In the captioned petitions, it is not disputed by the decree holder that pursuant to the orders passed by the Division Bench in three different appeals, i.e., FAO(OS) Nos. 529/2009, 541/2009 & 531/2009, directions have been issued for release of monies deposited by the
ORDER
debtor.
The orders in the three appeals bear an identical date, which is, 05.04.2010.
The amount which the Division bench has ordered release of, are as follows:
FAO(OS) No 529/2009 - Rs. 62,33,600/- FAO(OS) No 541/2009 - Rs. 58,44,600/-
FAO(OS) No 531/2009 - Rs. 98,81,600/- These amounts are, admittedly, kept in fixed deposits.
In the captioned execution petitions, this court has also directed, in each of these petitions , on 14.12.2012, release of amounts in favour of
EX.P. 278/2012, 279/2012 &288/2012 Pagg j 2
2013:DHC:6670 the decree holder after due identification.
To date no steps have been taken by the decree holder to seek release of the amounts. Counsel for the decree holder tells me today that, the nomenclature of the entity in whose name release has been ordered by the
Division Bench is not correct and, therefore, an appropriate application would have to be filed before the Division Bench in each of the above- mentioned appeals.
It may also be noted that this court vide its orders passed on
14.12.2012 in the captioned petitions, had given liberty to the decree holders to file calculations, if any, vis-a-vis the balance decretal amount, whichmay be payable under the decree after the release of the amounts referred to above. No steps have been taken in this behalfas well. Learned counsel for the decree holder says that since they are not aware as to the total amount of interest which has accrued, the calculations could not be filed as directed by this court.
The captioned petitions are disposed of in view of the fact that
Division bench of this court has already ordered release of monies to the decree holder. In case any amounts are outstanding against the decrees, the decree holder, would have the liberty to approach this court with up to date calculations in place.
RAJIV SHAKDHER, J JULY 25, 2013 Idc
The orders in the three appeals bear an identical date, which is, 05.04.2010.
The amount which the Division bench has ordered release of, are as follows:
FAO(OS) No 529/2009 - Rs. 62,33,600/- FAO(OS) No 541/2009 - Rs. 58,44,600/-
FAO(OS) No 531/2009 - Rs. 98,81,600/- These amounts are, admittedly, kept in fixed deposits.
In the captioned execution petitions, this court has also directed, in each of these petitions , on 14.12.2012, release of amounts in favour of
EX.P. 278/2012, 279/2012 &288/2012 Pagg j 2
2013:DHC:6670 the decree holder after due identification.
To date no steps have been taken by the decree holder to seek release of the amounts. Counsel for the decree holder tells me today that, the nomenclature of the entity in whose name release has been ordered by the
Division Bench is not correct and, therefore, an appropriate application would have to be filed before the Division Bench in each of the above- mentioned appeals.
It may also be noted that this court vide its orders passed on
14.12.2012 in the captioned petitions, had given liberty to the decree holders to file calculations, if any, vis-a-vis the balance decretal amount, whichmay be payable under the decree after the release of the amounts referred to above. No steps have been taken in this behalfas well. Learned counsel for the decree holder says that since they are not aware as to the total amount of interest which has accrued, the calculations could not be filed as directed by this court.
The captioned petitions are disposed of in view of the fact that
Division bench of this court has already ordered release of monies to the decree holder. In case any amounts are outstanding against the decrees, the decree holder, would have the liberty to approach this court with up to date calculations in place.
RAJIV SHAKDHER, J JULY 25, 2013 Idc
EX.P. 278/2012, 279/2012 &288/2012 Page 2of2
2013:DHC:6670
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