Allowed

M/S Roshan Real Estates Pvt. Ltd. v. Union of India

Delhi HC15 Jan 2024OMP (ENF.) (COMM.)/188/2023

Case brief

AI extract

What is this about?

The High Court allowed an application for release of an amount deposited by the judgment-debtor. It observed that the petition challenging the award under Section 34 of the Arbitration Act was dismissed with no appeal, removing fetters on release. The execution petition was disposed of as satisfied.

What did the court decide?

Released the amount of Rs. 8,07,38,367/- along with accrued interest to the decree-holder and disposed of the execution petition as satisfied.

M/S Roshan Real Estates Pvt. Ltd. Vs Union of India — Execution and Attachment | Delhi HC (2024)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- OMP (ENF.) (COMM.) 188/2023

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M/S ROSHAN REAL ESTATES PVT LTD

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..... Decree Holder Through: Ms. Anusuya Salwan, Mr. Rachit Wadhwa, Ms. Simran Sakunia, Mr. Bankim Garg, Advs.

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versus

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UNION OF INDIA

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..... Judgement Debtor Through: Mr. Niraj Kumar, CGC

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 15.01.2024

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EX.APPL.(OS) 75/2024- FOR RELEASE OF AMOUNT DEPOSITED BY JUDGMENT-DEBTOR

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This is an application seeking release of the amount lying deposited in this Court to the tune of Rs. 8,07,38,367/-.

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It is stated by Ms. Salwan, learned counsel for the decree-holder that the judgment-debtor filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 which was dismissed on 02.08.2023 and thereafter no appeal has been filed challenging the said judgment. Hence, there are no fetters in releasing the amount in favour of the decree-holder.

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Issue notice. Mr. Niraj Kumar, learned counsel accepts notice on behalf of the judgment-debtor and has no objection to the application being allowed.

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For the said reasons, the present application is allowed and the amount lying deposited in this Court pursuant to the order dated 25.09.2023

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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 18/05/2024 at 11:38:09

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along with accrued interest is directed to be released in favour of the decree holder either through authorised representative or through counsel.

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OMP (ENF.) (COMM.) 188/2023

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In view of the order passed today, Ms. Salwan, learned counsel for the decree-holder does not press the instant execution petition. Hence, the same is disposed of as having been satisfied.

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In case there are further amounts pending on account of any calculations, the decree-holder is at liberty to file a fresh application seeking revival of the execution petition.

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The earlier date of 18.01.2024 stands cancelled.

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JASMEET SINGH, J

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JANUARY 15, 2024 / (MS)

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 18/05/2024 at 11:38:09

M/S Roshan Real Estates Pvt. Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

M/S Roshan Real Estates Pvt. Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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