Coastal-Spl (Jv) v. Chennai Ennore Port Road Company Ltd

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 87/2019 COASTAL-SPL (JV) ..... Decree Holder Through:

Mr. R. Jawahar Lal, Mr. Siddharth Bawa and Mr. Anuj Garg, Advocates.

versus CHENNAI ENNORE PORT ROAD COMPANY LTD ..... Judgement Debtor Through:

Ms. Neetica Sharma, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.03.2024 EX.APPL.(OS) 483/2024 (under Section 151 CPC on behalf of Decree Holder for Revival of the Execution/Enforcement Petition with Affidavit) 1.

An application has been filed on behalf of Decree Holder for revival of the Execution on the ground that the matter was disposed of vide Order dated 26.02.2020 with the liberty to revive the Execution Petition on the decision of the Division Bench in FAO (OS(COMM) 284/2019. 2.

It is submitted that the Division Bench has dismissed the objections under Section 37 of the Judgment Debtor on 04.03.2024 and permission is sought to revive the present Execution Petition. 3.

Learned counsel for the Judgment Debtor has accepted the Notice of the application.

4.

In view of the dismissal of the appeal under Section 37 of the Arbitration & Conciliation Act, the present Execution Petition is revived. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:17:38

5.

The application is accordingly allowed.

EX.APPL.(OS) 484/2024 (under Section 151 CPC on behalf of Decree Holder for Direction) 6.

An application has been filed on behalf of the Decree Holder seeking release of the sum of Rs.47,84,14,899/- along with the accrued interest which has been deposited by the Judgment Debtor in the Registry of this Court on 20.12.2019.

7.

Learned counsel for the Judgment Debtor submits that in view of paragraph 5 of the Order of the Division Bench dated 11.03.2024 she is opposing the release of money.

8.

Submissions heard.

9.

Once, the appeal under Section 37 of the Arbitration & Conciliation Act has been disposed of and there is an Order of the Division Bench dated 11.03.2024 directing the Decree Holder to seek release of the deposited amount and by approaching the Execution Court and also to seek any further recoveries therein, the amount along with the accrued interest which is being deposited with the Registry, be released to the Decree Holder forthwith on completion of requisite formalities by the Registry. 10.

List for further proceedings on 06.05.2024.

NEENA BANSAL KRISHNA, J MARCH 21, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:17:38