Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 52032 (DEL)

M/S C.P. AND ASSOCIATES PVT. LTD. & ANR. v. INDIA TOURISM DEVELOPMENT CORPORATION LTD

OMP (ENF.) (COMM.)/134/2021 · 2025-04-30

Jasmeet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~78 & 79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 134/2021 &EX.APPL.(OS) 121/2025 M/S C.P. AND ASSOCIATES PVT. LTD. & ANR.....Decree Holders Through: Mr. Sanyat Lodha & Ms. Shivani Mehta, Advs. versus INDIA TOURISM DEVELOPMENT CORPORATION LTD .....Judgement Debtor Through: Mr. Sangra Patnaik, Mr. Nilesh Bhardwaj, Mr. R.S. Maan, Mr.Swayamsidha Patnaik, Advs. 79 + OMP (ENF.) (COMM.) 135/2021 &EX.APPL.(OS) 113/2025 M/S C.P. AND ASSOCIATES PVT. LTD. & ANR. ...Decree Holders Through: Mr. Sanyat Lodha & Ms. Shivani Mehta, Advs. versus INDIA TOURISM DEVELOPMENT CORPORATION LTD .....Judgement Debtor Through: Mr. Sangra Patnaik, Mr. Nilesh Bhardwaj, Mr. R.S. Maan, Mr. Swayamsidha Patnaik, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 30.04.2025 EX.APPL.(OS) 121/2025 & EX.APPL.(OS) 113/2025-FOR CLARIFICATION/MODIFICATION OF ORDER DT. 23.01.2024 1. These are applications seeking modification/clarification of the order dated 23.01.2024 and more particularly paragraph 3 which reads as under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:15:38 “The Registrar General is directed to release the amount deposited in favour of the decree-holder, subject to the decree- holder furnishing security to the satisfaction of the Registrar General, Delhi High Court.” 2. It is stated that vide order dated 23.01.2024, this Court had directed the Registrar General to release the amount deposited by the judgment- debtor in favour of the decree-holder. The said amount has accrued some interest while lying deposited with the bank. Hence, the decree holder, by way of the present applications seeks release of the accrued interest on the amount deposited by the judgment-debtor. 3. In the present application(s), the judgment debtor has filed a reply, however the copy of the same is not on record. The reply has been handed over in Court today and it is taken on record. 4. I have perused the same. 5. Since the order dated 23.01.2024 has already directed the release of the amount deposited by the judgment-debtor, as a natural consequence, it follows that the said amount should be released along with the interest accrued thereon. No amount is required to be deposited by the judgment- debtor nos.1 and 2, but it is the interest paid by the bank on the amount deposited by the judgment debtor. 6. For the said reasons, the application is allowed and the accrued interest on the amount deposited by the judgment-debtor shall be paid to the decree-holder subject to furnishing a bank guarantee for the balance amount, if any, without prejudice to the rights and contentions of the parties in the pending section 37 petition. 7. In addition, the petition bearing no. FAO(OS)(COMM) 4/2022 may This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:15:38 be read as FAO(OS)(COMM) 5/2022 in the order dated 23.01.2024 passed in OMP (ENF.) (COMM.) 134/2021. 8. The applications are disposed of in the aforesaid terms. JASMEET SINGH, J APRIL 30, 2025/pk Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:15:38