Manoj Loharia v. Sanjeev Gupta & Ors.

Delhi High Court · 13 Apr 2022 · 2022:DHC:1348
Sanjeev Sachdeva
EX.P. 116/2019 & EX.APPL (OS) 995/2019
2022:DHC:1348
civil petition_dismissed

AI Summary

The Delhi High Court held that in absence of any stipulation for interest on delayed payment of costs, payment of awarded costs, even if belated, satisfies the decree and no further execution is warranted.

Full Text
Translation output
EX.P.116/2019 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 13.04.2022
EX.P. 116/2019 & EX.APPL (OS) 995/2019
MR. MANOJ LOHARIA ..... Decree Holder
versus
MR. SANJEEV GUPTA & ORS. ..... Judgement Debtors
For the Petitioner: Mr. Rashid Azam, Advocate.
Advocates who appeared in this case:
For the Respondent: Mr. Pankhum Shrivastava and Mr. Pravesh Bahuguna, Advocates.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT

1. Decree holder seeks execution of decree dated 15.05.2018. By judgment and decree dated 15.05.2018 the suit filed by the judgment debtor was dismissed with costs of Rs.[2] lakhs.

SANJEEV SACHDEVA, J. (ORAL)

2. Learned counsel for the decree holder submits that interest has not been paid on the delayed payment of costs. He however confirms that the said amount of Rs.[2] lakhs has been received.

3. Perusal of the judgment and decree shows that there is neither a stipulation of any time period for payment of cost nor any stipulation 2022:DHC:1348 EX.P.116/2019 2 of interest for delayed payment of costs. The cost is recoverable in terms of Order 21 and admittedly cost awarded of Rs.[2] lakhs have already been paid to the decree holder though belatedly.

4. Payment of said amount of Rs. 2 lakhs complies with the decree and accordingly it is recorded that the decree dated 15.05.2018 stands satisfied.

5. Petition is disposed of.

SANJEEV SACHDEVA, J. APRIL 13, 2022 rk