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OMP (ENF.) (COMM.)/60/2018 of RAVI BUILDERS Vs NORTH DELHI MUNICIPAL CORPORATION

Court
Delhi High Court
Decision date
2018-10-01

Parties

Cites (1)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 60/2018 + OMP (ENF.) (COMM.) 61/2018 + OMP (ENF.) (COMM.) 61/2018

RAVI BUILDERS ..... Decree Holder Through: Ms.Anusuya Salwan, Ms.Kanika Bansal and Ms.Nikita Salwan, Advs. Through: Ms.Anusuya Salwan, Ms.Kanika Bansal and Ms.Nikita Salwan, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION

..... Judgment Debtor Through: Mrs.Mini Pushkarna, standing counsel with Ms.Swagata Bhuyan, Ms.Neha Goel and Ms.Shiva Pandey, Advs. along with Mr.Sanjay Kr. Minglani, AAO

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLA

O R R% 01.10.2018

The only dispute that is left in these execution petitions is whether the Arbitrator in the Arbitral Award has directed the payment of interest for the post award period only on the principal amount awarded in the Arbitral Award or also on the interest that would have accrued till the date of passing of the Award.

The final direction of the Arbitrator in the Award is reproduced hereinbelow:

“Claim No.8

The claimant claims interest @ 15% per annum of pre suit, pendentelite and for future. In the light of finding given in

above Case the claimant shall be entitled for interest @ 15 per annum from 26.10.2002 and from the date of notice 31.12.2004 to respondent's authority in respect of security amount.”

reading of the above would clearly show that the future interest is to be paid only on the principal amount awarded in the Arbitral Award. There is no dispute that the said interest has been paid by the respondent to the petitioner.

Learned counsel for the petitioner submits that the respondent has made certain deductions towards the Income Tax, Work Contract Tax and Service Tax. She further submits that certificates in this regard have not been given by the respondent to the petitioner.

Learned counsel for the respondent submits that the said certificates shall be handed over to the petitioner within period of three weeks from today.

Recording the above undertaking, the present execution petitions are disposed of recording the due satisfaction of the Award. Dasti.

OCTOBER 01, 2018/Arya

NAVIN CHAWLA, J