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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Manoj Loharia - Appellant
Versus
Sanjeev Gupta - Respondent
EX.P. 116 of 2019 & EX.Appl. (OS) 995 of 2019
Decided On : 13-04-2022
Important Points
Subject
Civil Law - Execution Proceedings
Headnote
(B) Execution of Decree - Status once satisfied - Payment of costs recorded as satisfaction of decree - Petition disposed of as decree stands satisfied. (Para 5)
Facts of the case:
The decree holder sought execution of the judgment and decree dated 15.05.2018, where costs of Rs.2 lakhs were awarded to him after the suit filed by the judgment debtor was dismissed.
Findings of Court:
Payment of the awarded costs satisfies the decree, confirming the requirements of execution.
Issues: Whether the decree holder is entitled to interest on delayed payment of costs not stipulated in the decree?
Ratio Decidendi: The court found no stipulation for interest in the decree and affirmed payment made satisfies the decree, thus, recording the decree as satisfied.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. execution of the decree. (Para 1) |
| 2. claim for interest on delayed payment. (Para 2) |
| 3. no stipulation for interest or time for costs. (Para 3) |
| 4. decree satisfaction acknowledged. (Para 4) |
| 5. disposal of the petition. (Para 5) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Decree holder seeks execution of decree dated 15.05.2018. By judgment and decree dated 15.05.2018 the suit filed by the judgment debtor was dismissed with costs of Rs.2 lakhs.
2. Learned counsel for the decree holder submits that interest has not been paid on the delayed payment of costs. He however confirms that the said amount of Rs.2 lakhs has been received.
3. Perusal of the judgment and decree shows that there is neither a stipulation of any time period for payment of cost nor any stipulation of interest for delayed payment of costs. The cost is recoverable in terms of Order 21 and admittedly cost awarded of Rs.2 lakhs have already been paid to the decree holder though belatedly.
4. Payment of said amount of Rs.2 lakhs complies with the decree and accordingly it is recorded that the decree dated 15.05.2018 stands satisfied.
5. Petition is disposed of.
