Title: Delhi Urban Shelter Improvement Board v Sambhlo and Ors.
Decided on: 10.10.2023
+ CM(M) 1450/2023 & CM APPL. 46245/2023
CORAM: HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
Introduction
The present petition has been filed to retrieve the existing amount residing with the court’s registry.
Facts of the Case
A sum of Rs. 1,25,51,466/-, as mentioned in the order dated 06.09.2023, had been deposited with the Executing Court.
Contentions of both parties
Learned counsel for Respondent No.1, Sambhlo, who is a land owner, stated that there is a shortage of an amount of Rs. 4 lakhs approximately, which needs to be deposited in addition to the sum of Rs. 1,25,51,466/-which already stands deposited. He also stated that he has already filed the computation in this regard and highlighted the issue in front of the executing Court.
Learned counsel for the Petitioner, Delhi Urban Shelter Improvement Board, stated that they will abide by the final adjudication of any further amount, which would be payable to the Respondent No.1 in pursuance to the award. The said statement was taken on record and he was bound down to the same.
The Counsel for Petitioner also requested the court to give him right to verify the computation submitted by the counsel for Respondent.
Court Judgement and Analysis
The Court observed that the Counsel representing Respondent No. 1 had mentioned that, following the order dated 06.09.2023, Respondent No. 1 did not take any actions to execute the warrants of attachment issued by the Executing Court on 17.08.2023. Hence looking at the statement and the compliance by the petitioner they ordered that if any attachment has been made against the Petitioner, it will be promptly withdrawn.
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Written by- Aditi
