JUDGMENT

Yogesh Khanna, J.

EA (OS) No.392/2017

1. The decree holder moves this application under Order XXI read with Section 151 CPC for direction to the judgment debtor to deposit the decretal amount with interest.

2. The following are the relevant facts for determining this application:

a) on 13.02.1981 the decree holder invoked arbitration to be held in London under FOSFA (Fats, Oils, Seeds & Fats Association) Rules as disputes had arisen between the parties consequent to default by the judgment debtor in effecting supplies under the contract dated 12.01.1980;

b) on 15.11.1989 the original arbitral award was passed. The relevant extract of the award is as under:

c) on 13.05.1990 judgment debtor preferred an appeal under FOSFA Rules against the original award;

d) on 14.09.1990 an appeal Award passed affirming the original award of 15.11.1989 directing, inter alia, that the judgment debtor shall pay to the decree holder within 14 days from the date of the appeal award a sum of US$ 4,526,000 with interest thereon @11.25% per annum from 13.02.1981 to the date of the appeal award i.e. 14.09.1990. The judgment debtor was also directed to pay the fees, cost and expenses of the appeal amounting to #9,344.55;

e) on 08.07.1993 the decree holder filed a petition registered as Suit No. 1885 of 1993 ("Suit") under S. 5 r/w S. 6 of the Foreign Awards (Recognition and Enforcement) Act, 1961 before the Hon'ble Delhi High Court for filing and enforcement of the Appeal Award read with the original award;

f) on 28.01.2000 the learned Single Judge by his final judgment and order dated allowed the Suit and passed a decree also dated 28.01.2000 as under:

g) on 26.05.2000 judgment debtor filed an appeal being FAO (O.S.) No.205/2000 before the Division Bench of this Court against the judgment in the Suit;

h) on 28.02.2001 at the time of admission of the FAO, a stay was granted on execution of the Decree by the Division Bench passed in CM No. 1071 of 2000 in said FAO, against said order dated 28.02.2001, decree holder filed SLP(C) Nos.7033 of 2001 and 14943 of 2001 before the Supreme Court;

i) on 05.04.2002 the Supreme Court passed an order disposing of SLP(C) Nos. 7033 of 2001 and 14943 of 2001 and modified the order dated 28.02.2001 passed in the FAO by directing that the JD shall furnish either bank guarantee or property security for the principal amount decreed to the Registrar of this Court within eight weeks from the date of the said order failing which the order of stay granted by the this Court would stand vacated;

j) on 05.08.2002 the Supreme Court was pleased to grant two weeks time to comply with its earlier order dated 05.04.2002;

k) on 26.08.2002 the Supreme Court directed that if withi