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High Court of DelhiOMP (ENF.) (COMM.)/122/2018

M/S Bls Sumer Jv v. Delhi State Industrial & Infrastructure Development Corporation Ltd.

2024-08-14Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 122/2018 M/S BLS SUMER JV .....Decree Holder Through:

Mr Mansim Ran Singh, Ms Vishakha Ahuja and Mr Balram Srivastava, Advs.

versus DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. .....Judgement Debtor Through:

Ms Anusuya Salwan and Mr Bankim Garg, Advs.

with Mr. Awaal Wali, EE, for JD DSIIDC

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 14.08.2024 1.

This is a petition filed under Section 36 of the Arbitration and Conciliation Act, 1996 read with Section 82, Code of Civil Procedure, 1908 for execution of the Arbitral Award dated 03.03.2017. 2.

This court vide order dated 15.11.2022 had recorded that the dispute of the amount to be paid by the judgement debtor only remains to the tune of Rs 29,55,093/- and in this regard, directed the decree holder to file an affidavit indicating the computation of the said amount and up-to date claim with interest.

3.

Subsequently, the decree-holder had filed an affidavit in terms of the order dated 15.11.2022 wherein the sums due and payable to the decreeholder by the judgement debtor have been shown as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Admittedly, the amount of 19,949/- has been deducted on account of TDS and the same has been deposited with the authorities for which a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

certificate has also been given.

5.

In addition, the amount of Rs. 8,53,819/- has been deducted by the judgement debtor towards the D-Vat amount. In this regard, the judgement debtor has filed an e-receipt dated 09.01.2020 which shows that the amount has been deposited with the concerned authority and the said amount no longer remains due and payable by the judgment-debtor. 6.

It is stated by Mr Singh, learned counsel for the decree-holder that they are not in a position to claim the said amount. 7.

As regards interest of D-Vat is concerned, my attention has been drawn to a certificate issued by the DSIDC wherein the judgment-debtor has itself shown that the amount of interest on D-Vat is to the tune of Rs. 6,55,744/-. Since the said amount is due and payable, the judgment-debtor shall make the said payment to the decree holder within a period of four weeks from today.

8.

With these directions, the execution petition is disposed of granting liberty to the decree-holder to revive the same in case the said amount is not paid.

JASMEET SINGH, J AUGUST 14, 2024 sr 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.