Madhucon Projects Limited, v. National Highways Authority Of India

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 171/2018 MADHUCON PROJECTS LIMITED, ..... Decree Holder Through Mr. Suryadeep Singh and Ms. Radha Tarkar, Advs.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .... Judgment Debtor Through Mr. Rajiv Kapoor and Mr. Srikant Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 04.12.2018 1.

The Judgment Debtor/NHAI has evidently deposited a sum of Rs. 2,54,33,856/- with the Registry of this Court. 2.

I am told the award has been sustained by the Single Judge and as well as the Division Bench.

3.

Mr. Kapoor, who, appears for the Judgment Debtor/NHAI says that an SLP has been preferred.

4.

Accordingly, as requested, counsel for the Decree Holder is permitted to seek release of the sum deposited, subject to the condition that if the judgment of this Court is reversed, it will bring back the money with interest at the rate of 10% per annum. Furthermore, the decree holder will file an undertaking in the form of an affidavit in this behalf within one week from today.

OMP (ENF.) (COMM.) 171/2018

5.

The Registry will release the money on a request being made in that regard.

6.

At this stage, learned counsel for the Decree Holder says that there is a shortfall of approximately Rs.1.5 lacs.

7.

Mr. Kapoor says that if the further amount is found payable, the same will be paid within two (2) weeks of the intimation given in that behalf. 8.

Accordingly, the execution petition is disposed of with liberty to revive the same in case there is a dispute with regard to the shortfall. RAJIV SHAKDHER, J DECEMBER 04, 2018 Rb OMP (ENF.) (COMM.) 171/2018