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High Court of DelhiOMP (ENF.) (COMM.)/134/2021

M/S C.P. And Associates Pvt. Ltd. & ANR. v. India Tourism Development Corporation Ltd

2025-04-30Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~78 & 79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 134/2021 &EX.APPL.(OS) 121/2025 M/S C.P. AND ASSOCIATES PVT. LTD. & ANR.....Decree Holders Through:

Mr. Sanyat Lodha & Ms. Shivani Mehta, Advs.

versus INDIA TOURISM DEVELOPMENT CORPORATION LTD .....Judgement Debtor Through:

Mr. Sangra Patnaik, Mr. Nilesh Bhardwaj, Mr.

R.S.

Maan, Mr.Swayamsidha Patnaik, Advs.

+ OMP (ENF.) (COMM.) 135/2021 &EX.APPL.(OS) 113/2025 M/S C.P. AND ASSOCIATES PVT. LTD. & ANR. ...Decree Holders Through:

Mr. Sanyat Lodha & Ms. Shivani Mehta, Advs.

versus INDIA TOURISM DEVELOPMENT CORPORATION LTD .....Judgement Debtor Through:

Mr. Sangra Patnaik, Mr. Nilesh Bhardwaj, Mr. R.S. Maan, Mr. Swayamsidha Patnaik, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 30.04.2025 EX.APPL.(OS) 121/2025 & EX.APPL.(OS) 113/2025-FOR CLARIFICATION/MODIFICATION OF ORDER DT. 23.01.2024 1.

These are applications seeking modification/clarification of the order dated 23.01.2024 and more particularly paragraph 3 which reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"The Registrar General is directed to release the amount deposited in favour of the decree-holder, subject to the decreeholder furnishing security to the satisfaction of the Registrar General, Delhi High Court."

2.

It is stated that vide order dated 23.01.2024, this Court had directed the Registrar General to release the amount deposited by the judgmentdebtor in favour of the decree-holder. The said amount has accrued some interest while lying deposited with the bank. Hence, the decree holder, by way of the present applications seeks release of the accrued interest on the amount deposited by the judgment-debtor.

3.

In the present application(s), the judgment debtor has filed a reply, however the copy of the same is not on record. The reply has been handed over in Court today and it is taken on record. 4.

I have perused the same.

5.

Since the order dated 23.01.2024 has already directed the release of the amount deposited by the judgment-debtor, as a natural consequence, it follows that the said amount should be released along with the interest accrued thereon. No amount is required to be deposited by the judgmentdebtor nos.1 and 2, but it is the interest paid by the bank on the amount deposited by the judgment debtor.

6.

For the said reasons, the application is allowed and the accrued interest on the amount deposited by the judgment-debtor shall be paid to the decree-holder subject to furnishing a bank guarantee for the balance amount, if any, without prejudice to the rights and contentions of the parties in the pending section 37 petition.

7.

In addition, the petition bearing no. FAO(OS)(COMM) 4/2022 may The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be read as FAO(OS)(COMM) 5/2022 in the order dated 23.01.2024 passed in OMP (ENF.) (COMM.) 134/2021.

8.

The applications are disposed of in the aforesaid terms. JASMEET SINGH, J APRIL 30, 2025/pk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.