National Small Industries Corporation Ltd v. M/S Bharat Thermit and Metal Power Industries

Delhi High Court · 15 Apr 2013 · 2013:DHC:7970-DB
Sanjay Kishan Kaul; Indermeet Kaur
EFA(OS) 2/2013
2013:DHC:7970-DB
civil appeal_allowed

AI Summary

The Delhi High Court allowed the appellant's appeal permitting the respondents to pay the decretal interest amount in installments while preserving the appellant's right to execute the decree on default.

Full Text
Translation output
HIGH COURT OF DELHI
EFA(OS) 2/2013
NATIONAL SMALL INDUSTRIES CORPORATION LTD Appellant
Through Ms Rachna Pandeya, Manager (Law)
VERSUS
M/S BHARAT THERMIT AND METAL POWER INDUSTRIES &
ORS Respondents
Through Mi'.Rajesh Banati and Ms.Vijay Bhatia, Advs. alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MS. JUSTICE INDERMEET KAUR
15.04.2013 Learned counsel for the respondent on instructions from respondent no.2 cannot seriously dispute that interest is liable to be paid in terms of the submissions recorded by us on behalf of the appellant on 5.2.2013. The interest amount as per the calculation of the appellant as stated today before us is Rs.2,42,845/-.
In view of the respondents coming clean up-front, and agreeing to pay the amount as specified by the appellant, we at the request of the respondents grant opportunity for the payment of the said amount of
Rs.2,42,845/- in installments. The first installment of Rs.42,845/- will be paid on or before 15.5.2013 and followed by four installments ofRs.50,000/- each payable on orbefore 15^'^ day ofeach succeeding month.
EFA (OS) 2/2013 page 1 of2
2013:DHC:7970-DB In case of default, the appellant is at liberty to forthwith execute the decree for balance amount.
The impugned order is, accordingly, set aside to the aforesaid extent.
The appeal is allowed in the aforesaid terms leaving the parties to bear their own costs.
SANJAY KISHAN KAUL, J INDERMEET KAUR, J APRIL 15,2013/ns'
EFA(OS) 2/2013 page 2 of2
2013:DHC:7970-DB
JUDGMENT