Ockham B.V.B.A. v. Bpi (India) Pvt. Ltd.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 15/2017 OCKHAM B.V.B.A.

..... Decree Holder Represented by:

Dr.Amit George, Mr.Rishabh Dheer, Mr.Dileep Kilaru, Mr.Amol Acharya, Mr.Rayadurgam Bharat and Mr.Piyo Harold, Advocates.

versus BPI (INDIA) PVT. LTD.

..... Judgement Debtor Represented by:

Ms.Kanika Baweja and Mr.Ajay Kumar, Advocates.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.02.2020 EX.P. 15/2017 1.

Learned counsel for the decree holder states that the principal amount has been received however, the dispute is with regard to the interest on the decretal amount.

2.

As per the latest calculation of the Registry the total interest amount receivable by the decree holder is ₹23,18,860.33 as on 26th February, 2019 the actual date of release. A sum of ₹41,73,358.37 is still lying with the Registrar General of this Court which is also earning interest. 3.

Considering the fact that the delay in release of the amount is not on account of the decree holder, the Registrar General is directed to release a sum of ₹23,18,860.33 to the decree holder and the balance amount lying with the Registry whatsoever with interest that has accrued thereon will be EX.P. 15/2017

released to the judgment debtor. The transfer of the money in the accounts of the decree holder and the judgment debtor be made through e-transfer. 4.

Learned counsel for the decree holder also prays for cost of the litigation however, a perusal of the judgment of the learned Single Judge reveals that though cost were awarded in favour of the decree holder however, in an appeal filed there is no order awarding cost though the Division Bench modified the decree vide its judgment dated 8th August, 2016. Hence the cost is declined to the decree holder. 5.

Execution petition is disposed of.

E.A.(OS) 234/2020 (directions-by judgment debtor) Application is disposed of as infructuous.

MUKTA GUPTA, J.

FEBRUARY 17, 2020 'vn'

EX.P. 15/2017