Cimmco Ltd. vs Mahanagar Telephone Nigam Ltd.
2014 Latest Caselaw 5063 Del

$~14
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      EX.P. 368/2012
       CIMMCO LTD                                ..... Decree Holder
                          Through: Mr. P.K. Bansal, Advocate

                          versus

       MAHANAGAR TELEPHONE NIGAM LTD ..... Judgement Debtor
                     Through: Mr. H.S. Dahiya, Advocate
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
               ORDER

% 10.10.2014

1. In so far as objections of the judgment debtor i.e., MTNL were concerned, they were dealt with vide order dated 07.10.2013.

2. A direction was issued, (in so far as crystallization of the amount to be paid to the decree holder was concerned) to the Registrar to compute the amount. The learned Registrar has submitted a report which forms part of proceedings dated 08.05.2014. The amount, which the learned Registrar has calculated, is a sum of Rs.10,60,784/-; shown to be payable as on 17.01.2014. Both counsels though, are agreed, that amount arrived at by the learned Registrar should have been shown as payable, as on 08.05.2014.

3. Mr. Dahiya, however, objects to the calculation made by the learned Registrar. Learned counsel says that adjustment towards TDS in the sum of Rs.1,52,682/- had to be made against the principal amount awarded, which is a sum of Rs.18,38,383/-. It is Mr. Dahiya's submission that interest had to be calculated on the balance amount, which is Rs.16,87,231/-.

EX.P. 368/2012 page 1 of 2

4. According to me, this is a submission which has already been dealt with by me vide order dated 07.10.2013. At that stage, I had asked Mr. Dahiya as to whether the judgment debtor had furnished a TDS certificate for a value of Rs.1,51,152/-, Mr. Dahiya had indicated on that date that no such certificate was issued and, therefore, I had directed that in calculating the decretal amount, the initial amount, which should be taken into account, would be a sum of Rs.18,38,383/-. This aspect is reflected in the last paragraph of order dated 07.10.2013. Therefore, this objection is, once again, rejected.

5. Accordingly, the judgment debtor will pay a sum of Rs.10,60,784/-, along with further interest calculated with effect from 09.05.2014, at the rate of 16% p.a. (simple) till the date of payment; which in any event will not go beyond 20.10.2014.

6. With the aforesaid observations in place, the execution petition is disposed of.

7. List for compliance on 31.10.2014.

8. If the amount is not paid, the General Manager of the judgment debtor, shall remain present in court.

9. Dasti under the signatures of the Court Master.

                                              RAJIV SHAKDHER, J
OCTOBER 10, 2014
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EX.P. 368/2012                                             page 2 of 2