Court permitted the applicant to withdraw 50% of the deposited decretal amounts in two execution applications to balance interests of parties while pending objections via separate appeals.
Permission granted to withdraw 50% of the agreed payable amounts from the deposited funds; release within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.Nos. 9475 and 9476 of 2019
in E.P. No. 165 and 166 of 2018
A.Nos. 9475 and 9476 of 2019 in
E.P. No. 165 and 166 of 2018
SENTHILKUMAR RAMAMOORTHY, J.
Application No.9475 of 2019 is filed in E.P. No. 165 of 2018 to permit
the applicant/decree holder to withdraw a sum of Rs.6,61,47,199/- along with accrued interest, which was deposited to the credit of E.P. No.165 of 2018.
the applicant/decree holder to withdraw a sum of Rs.12,25,14,253/- along with
accrued interest, which was deposited to the credit of E.P. No. 166 of 2018.
were pronounced on 08.05.2014 and 13.10.2012 in favour of the applicant but no
payments were made, till date, by the respondents towards discharge of the amount payable under the awards. She further submitted that pursuant to the awards, the respondents / judgment debtors filed O.P. No. 764 of 2014 and O.P. No. 545 of 2013 challenging the above mentioned awards and that both these Original Petitions were dismissed, by the common order, dated 30.04.2019.
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A.Nos. 9475 and 9476 of 2019 in E.P. No. 165 and 166 of 2018
2018 were filed. In the said proceedings, the judgment debtors deposited a sum of Rs.6,61,47,199/- to the credit of E.P. No. 165 of 2018 and a sum of Rs.12,25,14,253/ to the credit of E.P. No. 166 of 2018, thereby aggregating to a total amount of Rs.18,86,61,452/-. The present applications are filed for the release of amounts, from and out of the amounts deposited by the judgement debtors. She further submitted that, the applicant is entitled to the entire amount deposited because there is no stay as on date and considerable time has elapsed after the work was completed.
debtors submits that O.S.A. Nos. 247 and 248 of 2019 were filed challenging the orders passed in O.P.Nos.764 of 2014 and 545 of 2013 and that notices were issued in the said O.S.As on 30.09.2019. Therefore, he submits that these applications should not be allowed, at this juncture, pending adjudication of the O.S.As. He also filed a memo dated 21.01.2020 stating that the judgment debtors deposited amounts, in excess of the amounts awarded by the awards of the Arbitral Tribunal in the execution proceedings. Therefore, a calculation sheet was enclosed with the aforesaid memo in respect of the two Arbitral awards.
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A.Nos. 9475 and 9476 of 2019 in E.P. No. 165 and 166 of 2018
debtors state that the total amount payable, including interest, was Rs.2,88,10,078/-. As regards reference two, the total amount payable was Rs.14,94,59,336/-. On this basis, he submits that the aggregate payable as per the two awards was Rs.17,82,69,414/- and not Rs.18,86,61,452/-, which is the amount deposited by the judgment-debtors.
chance of succeeding in the O.S.As and that therefore these amounts should not be released at this juncture.
balance the interests of both sides in an appropriate manner, the applicant is
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A.Nos. 9475 and 9476 of 2019
in E.P. No. 165 and 166 of 2018
hereby permitted to withdraw 50% of the amount, which is stated to be payable by
the judgment debtors, as on date, as per the arbitral awards.
payable along with interest, as on date, in respect of reference one is Rs.2,88,10,078/- and therefore the applicant is permitted to withdraw 50% of the said sum. Similarly, as regards reference two, it is stated that the amount payable
is Rs.14,94,59,336/-. Once again, the applicant is permitted to withdraw 50% of
this amount.
(i) The applicant is permitted to withdraw 50% of the sum of Rs.2,88,10,078/- from and out of the amount deposited to the credit of E.P. No. 165 of 2018.
(ii) The applicant is permitted to withdraw 50% of the sum of Rs.14,94,59,336/- from and out of the amount deposited to the credit of E.P. No. 166 of 2018.
(iii) The above amounts shall be released to the applicant within a period of two weeks from the date of receipt of a copy of this order.
22.01.2020
kv
Note: Issue order copy on 23.01.2020.
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A.Nos. 9475 and 9476 of 2019 in E.P. No. 165 and 166 of 2018
SENTHILKUMAR RAMAMOORTHY, J.
kv
A.Nos. 9475 and 9476 of 2019
in
E.P. No. 165 and 166 of 2018
22.01.2020
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1 issue framed by the court
Whether the deposited amount can be released pending the outcome of separate harassment petitions.
Applicant/Decree Holder
Respondents/Judgment Debtors
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
