M/S. B.M.C.Bank Limited vs Yashpal Sandhu & Others
2017 Latest Caselaw 4854 Del

Citation : 2017 Latest Caselaw 4854 Del
Judgement Date : 7 September, 2017

Delhi High Court

M/S. B.M.C.Bank Limited vs Yashpal Sandhu & Others on 7 September, 2017

$~52

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 07.09.2017
+       EX.P.5/2010
M/S. B.M.C.BANK LIMITED                               ..... Decree Holder

                           versus

YASHPAL SANDHU & OTHERS                         ..... Judgment Debtors
Advocates who appeared in this case:

For the Decree Holder      : Mr A.H.Parha

For the Judgment Debtors   : None.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

07.09.2017 SANJEEV SACHDEVA, J. (ORAL)

EA(OS) No.342 /2017(exemption) Allowed, subject to all just exceptions.

EA(OS) No.343/2017(delay in re-filing for 14 days)

1. This is an application seeking condonation of delay in re-filing of application for revival being EA(OS) No.341/2017.

2. For the reasons stated in the application, the application is allowed. The delay in re-filing is condoned.

EA(OS) No.341/2017(for revival)

1. This is an application seeking restoration of the Execution Petition.

2. By order dated 06.11.2015, the decree holder was given liberty to seek revival of the Execution Petition after disposal of the objections under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act') filed by the respondent.

3. Learned counsel for the petitioner -applicant submits that pending consideration of the Section 34 application, the parties have settled their disputes and petitioner has received the agreed settlement amount.

4. Learned Counsel seeks revival of the petition so that the receipt of the full and final amount can be brought on record and the satisfaction of the Award is recorded.

5. In view of the above, the application is allowed. The Execution Petition is restored to its original number.

EX.P. 5/2010

1. The Petitioner seeks execution of Award dated 05.12.2007.

2. Learned counsel for the petitioner submits that the petitioner has received full and final amount as agreed in satisfaction of the Award dated 05.12.2007.

3. In view of the above, the satisfaction of the Award dated 05.12.2007 is recorded.

4. The petition is accordingly disposed of.

5. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 07, 2017/'Sn'