Union Of India v. M/S K K Sodhi & Association

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 278/2016 & C.M. Nos.10546-49/2016 UNION OF INDIA ..... Petitioner Through Mr. Jitender K. Singh, Adv.

versus M/S K K SODHI & ASSOCIATION ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 21.03.2016 The petitioner is aggrieved by the order dated 17.0p7.2015 vide which the judgment debtor having failed to deposed the amount within the period of 90 days (w.e.f. 16.02.1985) was directed to pay interest at the rate of 18%. This part of the order is wholly in conformity with the Award passed by the Arbitrator. The Trial Court had adjudged it correctly.

Besides the fact that the order has been impugned after more than 9 months for which there is no explanation, even otherwise, the order on merits also suffers from no infirmity. Admittedly the judgment debtor had deposited certain amounts of money only in the year 2014 which was much after the period of 90 days which had been granted in terms of the Award and which period of 90 days to be counted from 14.08.2006. That period expired in November, 2006. The amount having been deposited by the judgment debtor in the year

2014 (as is admitted before this Court) definitely does entitle the petitioner to state that the impugned order is illegal. This petition is nothing but an abuse of the process of the Court. Dismissed with costs quantified at Rs.10,000/-. INDERMEET KAUR, J MARCH 21, 2016