Bhageeratha Engineering Ltd v. National Highway Authority of India

Delhi High Court · 16 Sep 2011 · 2011:DHC:13756
Manmohan Singh
EX.P.97/2011
2011:DHC:13756
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the execution petition as withdrawn with liberty to revive it if payment is not made within four weeks and allowed execution on challenged claims if decided in favor of the decree-holder.

Full Text
Translation output
$13 HIGH COURT OF DELHI
EX.P.97/2011
MIS BHAGEERATHA ENGINEERING LTD .....Decree Holder
Through Mr. Amit George, Adv.
VERSUS
MIS NATIONAL HIGHWAY AUTHORITY OF INDIA.....
JUDGMENT
Debtor
Through Ms. Meenakshi Sood Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
ORDER
16.09.2011 This petition has been filed for execution of award dated 20.03.2010 and the amended award dated 09.09.2010. Notice of this execution petition was issued to the judgment-debtor who, as directed by the Court, has filed the reply. The learned counsel for the judgment-debtor, however, states that the judgment-debtor is agreeable to pay the entire decreetal amount within four weeks from today, except the Claims No.2 & 6 (which were also decided in favour of the decree-holder but the same have been challenged by the judgment-debtor in the proceeding being OMP No.310/2011 pending in the Court). In view of the said statement, the learned counsel for the
2011:DHC:13756 decree-holder wishes to withdraw the execution petition with a liberty to revive the same if the said amount is not paid within four weeks. As prayed, the present execution petition is dismissed as withdrawn with liberty as aforesaid granted. The decree-holder is also entitled to file an execution if the decision on Claims No.2 & 6 also comes in favour of the decree-holder.
'MANMOHAN SINGJI, J.
SEPTEMBER 16, 2011 2011:DHC:13756