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HIGH COURT OF DELHI
EX.P. 245/2010
VISHAN SWARUP Decree Holder
Through: Mr.G.K.Sharma, Adv.
EX.P. 245/2010
VISHAN SWARUP Decree Holder
Through: Mr.G.K.Sharma, Adv.
VERSUS
GNCT DELHI Judgement Debtor
Through: Mr.V.K.Tandon, Adv.
Through: Mr.V.K.Tandon, Adv.
CORAM:
HON'BLE MR.JUSTICE VIPIN SANGHI
09.12.2010 The
09.12.2010 The
ORDER
debtor has filed a reply on record. The only apprehension expressed by the judgment debtor in its reply is that there are outstanding dues towards electricity consumed by the decree holder for execution of the project and the electricity company is raising a demand, inter alia, against the Judgment debtor. Mr.Tandon submits that the stand of the decree holder before the learned
Arbitrator was that the Judgment debtor is not in any way liable or responsible for arranging power supply to the decree holder for the execution of the project and in this regard reference is made to the stand of the decree holder before the learned Arbitrator contained in its reply to the application dated 17.3.2010 filed by the judgment debtor under Section 33 of the Arbitration and Conciliation Act, 1996.
In the said reply,the decree holder had sought as follows:-
"E. That there is no privity of contract between the
2010:DHC:12897 respondent and the NDPL adnnits of no annbiguity in view of crystal clear language of clause 10 of the Special conditions and specifications of the Agreement entered into between the parties herein which reads as follows:-
POWER/ELECTRICITY "The department will not make arrangement for providing power for electric supply to the contractor. The contractor shall have to make his own arrangements to obtain the requisite power. If needed, the department will write to
DVB for giving power connection to the Contractor either in his name or in the name of EE Incharge, as per DVB restrictions. However, the Contractor will pay lay power cables to obtain such an electric connection. All fees to be paid to DVB or any other expenditure incurred to obtain electrical or expenditure incurred on its dues,shall be fully
, borne by the Contractor. The department shall neither
^ reimburse nor make any payment in this regard."
Inasmuch as the power connection was sanctioned in the name of claimant only, the respondent are in no manner or in any ways connected with the payment of the dues of the NDPL. It is the liability of the claimant only."
Merely because the Power Company has issued a notice, inter alia, to the judgment debtor demanding its alleged outstanding dues, the same does not become the liability of the judgment debtor as the electricity connection was obtained by the decree holder in its own name and at its own responsibility. Learned counsel for the decree holder submits that the judgment debtor shall not be liable for any dues in relation to the electricity connection bearing No. K 3140021785 and that the decree holder shall solely be responsible for settlement of the dues relating to the said electricity connection.
The aforesaid concern of the judgment debtor having been satisfied, Mr.Tandon has produced before the Court a pay order drawn
• ^ in the name of Registrar General of this Court for ? 6 lacs dated
2.11.2010 bearing No.177865 drawn on State Bank of India, Tees
Hazari, Delhi in the light of the filing of the present execution petition.
Mr.Tandon submits that the name in the said pay order shall be changed to that of the decree holder. The judgment debtor shall furnish to the decree holder along with the pay order a complete break up of the amount paid by the judgment debtor. In case, according to the j-u^gtrrentnjebroY the said amount does not satisfy the decree in its yk— entirety, the pay order may be accepted towards partial satisfaction of the decree. Mr.Tandon states that the judgment debtor shall make payment of any further amount, if found due under the decree within three weeks.
The execution petition stands disposed of.
DASTI.
DECEMBER 09, 2010 vg VIPIN SANGHI,J
Arbitrator was that the Judgment debtor is not in any way liable or responsible for arranging power supply to the decree holder for the execution of the project and in this regard reference is made to the stand of the decree holder before the learned Arbitrator contained in its reply to the application dated 17.3.2010 filed by the judgment debtor under Section 33 of the Arbitration and Conciliation Act, 1996.
In the said reply,the decree holder had sought as follows:-
"E. That there is no privity of contract between the
2010:DHC:12897 respondent and the NDPL adnnits of no annbiguity in view of crystal clear language of clause 10 of the Special conditions and specifications of the Agreement entered into between the parties herein which reads as follows:-
POWER/ELECTRICITY "The department will not make arrangement for providing power for electric supply to the contractor. The contractor shall have to make his own arrangements to obtain the requisite power. If needed, the department will write to
DVB for giving power connection to the Contractor either in his name or in the name of EE Incharge, as per DVB restrictions. However, the Contractor will pay lay power cables to obtain such an electric connection. All fees to be paid to DVB or any other expenditure incurred to obtain electrical or expenditure incurred on its dues,shall be fully
, borne by the Contractor. The department shall neither
^ reimburse nor make any payment in this regard."
Inasmuch as the power connection was sanctioned in the name of claimant only, the respondent are in no manner or in any ways connected with the payment of the dues of the NDPL. It is the liability of the claimant only."
Merely because the Power Company has issued a notice, inter alia, to the judgment debtor demanding its alleged outstanding dues, the same does not become the liability of the judgment debtor as the electricity connection was obtained by the decree holder in its own name and at its own responsibility. Learned counsel for the decree holder submits that the judgment debtor shall not be liable for any dues in relation to the electricity connection bearing No. K 3140021785 and that the decree holder shall solely be responsible for settlement of the dues relating to the said electricity connection.
The aforesaid concern of the judgment debtor having been satisfied, Mr.Tandon has produced before the Court a pay order drawn
• ^ in the name of Registrar General of this Court for ? 6 lacs dated
2.11.2010 bearing No.177865 drawn on State Bank of India, Tees
Hazari, Delhi in the light of the filing of the present execution petition.
Mr.Tandon submits that the name in the said pay order shall be changed to that of the decree holder. The judgment debtor shall furnish to the decree holder along with the pay order a complete break up of the amount paid by the judgment debtor. In case, according to the j-u^gtrrentnjebroY the said amount does not satisfy the decree in its yk— entirety, the pay order may be accepted towards partial satisfaction of the decree. Mr.Tandon states that the judgment debtor shall make payment of any further amount, if found due under the decree within three weeks.
The execution petition stands disposed of.
DASTI.
DECEMBER 09, 2010 vg VIPIN SANGHI,J