Partly allowed

Ms G-Tech Splicing Pvt. Ltd. (Supplier) v. Ms Simplex Infrastructure Ltd. (Buyer)

Himachal Pradesh HC2 Aug 2023EX.P/15/2017

Case brief

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What is this about?

Two execution petitions regarding a decree for Rs. 4 crore involving monthly installments. The High Court disposed of petitions partly satisfied upon the judgment debtor's payment of June and July installments, reserving liberty to file fresh petitions in case of default.

What did the court decide?

Petitions disposed of as partly satisfied; liberty reserved to file execution petitions afresh in case of default.

Ms G-Tech Splicing Pvt. Ltd. (Supplier) Vs… — Execution and Attachment | Himachal Pradesh HC (2023)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Execution Petition No. 15 of 2017 a/w Execution Petition No. 6 of 2018

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Date of decision : 2.8.2023.

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1.	Execution Petition No. 15 of 2017
	M/s G-Tech Splicing Pvt. Ltd	...Petitioner.
	Versus
	M/s Simplex Infrastructure Ltd.	...Respondent
2.	Execution Petition No. 6 of 2018
	M/s G-Tech Splicing Pvt. Ltd.	…Petitioner
	Versus
	M/s Simplex Infrastructure Ltd.	….Respondent

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Coram:

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The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?¹ For the petitioners : Ms. Veena Sharma, Advocate, For the respondents : Mr. Subhash Sharma, Advocate.

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Satyen Vaidya, Judge (Oral)

¶8

Learned counsel for the decree holder has submitted that the installment of Rs. 40,00,000/-, issued for the months of June and July, 2023 have been paid to the decree holder in terms of the undertaking given by the judgment debtor before this Court on 12.6.2023.

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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-2-

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Records reveal that by way of an understanding between the parties and as per the undertaking given by the judgment debtor before this Court on 12.6.2023, it has been settled that the judgment debtor will pay a total sum of Rs. 4,00,00,000/- for final satisfaction of the decrees in favour of the decree holder and such amount shall be paid in equal monthly installments of Rs. 40,00,000/-, commencing from June, 2023.

¶12

Since the decree holder has started receiving the installments in terms of above noted understanding and undertaking, no fruitful purpose shall be served by keeping these petitions pending. Accordingly, these petitions are disposed of as partly satisfied, by reserving liberty in favour of the decree holder to file execution petitions afresh in case judgment debtor makes any default in terms of the undertaking given by it before this Court on 12.6.2023. Pending applications, if any, also stand disposed of.

¶13

(Satyen Vaidya) 2^nd August, 2023. Judge (kck)

¶14

-3-

Ms G-Tech Splicing Pvt. Ltd. (Supplier) v. Ms Simplex Infrastructure Ltd. (Buyer)

Case brief

What is this about?

What did the court decide?

Ms G-Tech Splicing Pvt. Ltd. (Supplier) v. Ms Simplex Infrastructure Ltd. (Buyer)

Case brief

What is this about?

What did the court decide?

What the court decided

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M/S G Tech Splicing Vs M/S Simplex Infrastructure Ltd.