Rungta Projects Ltd vs Steel Authority Of India Ltd
2023 Latest Caselaw 1017 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  W.P.(C) No. 6405 of 2013

                Rungta Projects Ltd.                                     ...   ...     Petitioner
                                          Versus
                Steel Authority of India Ltd. .               ...          ...       Respondent
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Pandey Neeraj Rai, Advocate For the Respondent : Mr. Saket Upadhyay, Advocate

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20/01.03.2023 Learned counsels for the parties are present.

2. When the case is taken up today, learned counsel for the respondent has submitted that the impugned order has been passed in terms of the direction issued by this Court in W.P.(C). No.5202 of 2005 dated 17.07.2012. The operative portion of the said order is quoted as under:

"In view of the aforesaid reason, the matter is remanded back to the executing Court to quantify the outstanding decretal amount by calculating the interest @ 18% on the balance amount may of Rs. 30,87,558/- as existing on 27.02.2003 against the judgment debtor till 10.05.2004 by subtracting the amount of Rs. 31,21,056/- which the judgment debtor deposited on 10.05.2004, although he was directed to deposit it by 26.06.2003. The aforesaid calculation needs to be worked out after hearing to the parties within a period of three months from the date of receipt/production of the copy of this order."

3. Learned counsel submits that although the amount of Rs.31,21,056/- was deposited on 10.05.2004, but it was directed to take the deposited to have been made on 26.06.2003 and the matter was remanded to the executing court to quantify the outstanding decretal amount by calculating the interest @ 18 % on the balance amount may of Rs.30,87,558/- as existing on 27.02.2003. The learned counsel submits that the such modality has been adopted by the respondent and the calculation in terms of the last order passed by this Court has been furnished through a supplementary counter-affidavit.

4. The learned counsel for the petitioner submits that some time may be granted to respond to the supplementary counter-affidavit filed by the respondent. The learned counsel submits that the matter can be posted in the 3rd week of March, 2023.

5. Post this case for further hearing on 29.03.2023 under the heading for "Final Disposal". The reply to the supplementary counter- affidavit should be filed latest by 22.03.2023.

6. Let the matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Saurav/