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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
| 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.
The lack of stipulation for interest on delayed payment in a decree implies no entitlement to interest, and compliance with the payment suffices to satisfy the decree.
A court cannot modify a decree for costs after it has been executed and satisfied, as it becomes functus officio.
The absence of a specified time limit in a decree allows the decree-holder to deposit the required amount at any time, affirming the principle that interpretations favoring the decree-holder should b....
The absence of a time limit in a decree allows the decree-holder to execute it at any time, emphasizing judicial interpretation favoring the decree-holder's rights.
The calculation of interest on a decretal amount must adhere strictly to the decree's terms, with no curtailment to earlier dates unless explicitly stated.
Costs must be proportionate to the amount of the modified decree in execution proceedings; excessive claims beyond the modified amount are impermissible.
The court's decision emphasized the enforcement of the arbitration award and the importance of leaving all rights and contentions of the parties open.
The time for depositing the balance sale consideration in a decree for specific performance is not automatically extended after the restoration of the judgment. The decree becomes inexecutable if the....
The court allows a judgment debtor to pay decreed amounts in instalments, balancing creditor rights with debtor's ability to pay.
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