M/S Kashyapi Infrastructure Pvt. Ltd. v. National Buildings Construction Corporation Limited (Nbcc)

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI E.A.No.878/2020 in + EX. P. 14/2020 M/S KASHYAPI INFRASTRUCTURE PVT. LTD......Decree Holder Through :

Mr. Sanjeev Agarwal and Mr. Ekansh Agarwal, Advs.

versus NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED (NBCC) .....Judgment Debtor Through :

Mr. G.G. Kashyap, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 07.09.2020 [Court hearing convened via video-conferencing on account of COVID-19] E.A. No. 878/2020 1.

The substantive prayer made in the captioned application reads as follows:

"1.

Pass order to close the present execution proceedings against the judgment debtor considering the decree to be satisfied on the part of the decree holder with no further dues to be paid under the subject decree."

2.

Issue notice to the non-applicant/judgement debtor. 2.1 Mr. G.G. Kashyap, who appears on behalf of the nonapplicant/judgement debtor, accepts service. 2.2 Mr. Kashyap says that he does not oppose the prayer made in the captioned application.

EX. P. 14/2020 By:VIPIN KUMAR RAI 12:06:09

3.

To be noted, the main thrust of the captioned application filed by the decree holder is contained in paragraphs 2 to 4 which read as follows: "2. That since the last date of hearing in the present matter before this Hon'ble court, the judgment debtor has offered to settle the issues pertaining to the pending dues with regard to some other projects conducted by the decree holder for the judgment debtor. 3.

That in view of the settlement arrived between the decree holder & judgment debtor, it has been ensured by the judgment debtor that the above stated due amounts in the other projects shall be settled/paid expeditiously.

4.

That taking into account the long standing relations of the decree holder with the judgment debtor & in lieu of the above settlement the decree holder does not want to press & continue with the present execution proceedings & is praying for closing of the present execution proceedings by considering the decree as satisfied in full & final without any further dues to be paid under the decree." 4.

Having regard to what is extracted hereinabove, Mr. Sanjeev Agarwal, who appears on behalf of the applicant/decree holder, says that the instant execution petition be closed.

4.1 It is ordered accordingly.

5.

The captioned application is, accordingly, disposed of. EX. P. 14/2020 6.

In view of the order passed in E.A. No. 878/2020, the execution petition is, as prayed, closed.

7.

The case papers shall stand consigned to record. 8.

Accordingly, the date already fixed in the matter shall stand cancelled. RAJIV SHAKDHER, J SEPTEMBER 07, 2020 Aj/KK Click here to check corrigendum, if any EX. P. 14/2020 By:VIPIN KUMAR RAI 12:06:09