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High Court of DelhiOMP (ENF.) (COMM.)/191/2018

Emas Expressway Private Limited v. National Highway Authority Of India

2018-11-26Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 191/2018 EMAS EXPRESSWAY PRIVATE LIMITED ..... Decree holder Through Mr. Sameer Chandwani & Mr. S.K.

Chandwani, Advs versus NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Judgment debtor Through Ms. Tanvi Sapna, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 26.11.2018 I.A. No.15919/2018 Mr. Chandwani says that the pursuant to the order dated 05.10.2018, the judgment debtor has deposited the balance sum towards the satisfaction of the decree. According to the applicant/decree holder, the balance sum deposited with the Registry is an amount equivalent to Rs.84,68,944/-.

Issue notice.

2.1 Ms. Tanvi Sapna accepts notice on behalf of the nonapplicant/judgment debtor.

Learned counsel for the nonapplicant/judgment debtor affirms what has been submitted before me by Mr. Chandwani. Learned counsel says that in case the balance amount deposited by the non-applicant/judgment debtor is released, the decree would stand satisfied. Mr. Chandwani does not dispute this position.

OMP (ENF.) (COMM.) 191/2018

To be noted, on the earlier occasion, a sum of Rs.62,75,59,595/- was released by the Registry in favour of the applicant/decree holder. In view of the aforesaid, the balance sum of Rs.84,68,944/- will also be released in favour of the applicant/decree holder. To be noted, as submitted by Mr. Chandwani that with this the decree would stand satisfied. The Registry will ensure that the money is released to the applicant/decree holder at the earliest, though, not later than five days from the receipt of the copy of this order.

The application is disposed of in the aforesaid terms. OMP (ENF.) (COMM.) 191/2018 Mr. Chandwani says that on account of the order passed by this Court in I.A. No.15919/2018, he does not wish to press the captioned petition any further.

Petition is, accordingly, dismissed as not pressed. The date fixed in the petition i.e. 14.01.2019 shall stand cancelled.

RAJIV SHAKDHER, J NOVEMBER 26, 2018 OMP (ENF.) (COMM.) 191/2018