M/S S R Engeerning Construction vs Union Of India & Ors
2017 Latest Caselaw 3608 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         EX.F.A. No. 6/2016

%                                                       25th July, 2017

M/S S R ENGEERNING CONSTRUCTION                          ..... Appellant

                          Through:       None.

                          versus

UNION OF INDIA & ORS                                   ..... Respondents

Through: Mr. Prashanta Varma, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

EX.F.A. 6/2016 and C.M. Appl. No. 6093/2016 (for stay)

1. By this execution first appeal the decree holder impugns

the order of the executing court dated 18.1.2016 whereby the

executing court has dismissed the execution petition with costs of

Rs.2,50,000/- for deliberately filing wrong calculations in the court for

the amount due under the decree.

2. No one appeared for the appellant on the first call. No

one appears for the appellant even on the second call.

3. A perusal of the record shows that the appellant/decree

holder deliberately calculated interest payable at 18% per annum

instead of 9% per annum as granted by the award and resultantly the

execution amount was illegally enhanced to Rs.1.70 crores.

4. Learned counsel for the respondent no. 1/Union of India

states that on account of the deliberate false calculation the account of

the Central Government was wrongly attached on two occasions.

5. The court below has also dismissed the execution petition

on account of deliberate wrong calculation, however, I may note that

dismissal of an execution petition on technical grounds does not

operate as res judicata barring filing of fresh execution petition.

6. In view of the above, there is no merit in the appeal and

the same is hereby dismissed.

JULY 25, 2017                               VALMIKI J. MEHTA, J
AK