Adhunik Security Services vs National Highway Authority of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Adhunik Security Services – Appellant
Versus
National Highway Authority of India – Respondent

Table of Content
1. dispute over arbitral award sums. (Para 1 , 1)
2. nature of appeal under order xxi rule 58(4). (Para 2 , 3)
3. definition and requirements of a decree. (Para 4 , 5 , 6)
4. adjudication process under order xxi. (Para 7 , 8 , 9)
5. no conclusive determination in impugned order. (Para 10 , 11)
6. dismissal of appeal as not maintainable. (Para 12 , 13)

JUDGMENT (Oral)

1. This petition, stated to have been preferred under Order XXI Rule 58(4) of the Code of Civil Procedure, 1908 (CPC) assails the following order, passed by the learned Additional District Judge (the learned ADJ) in Execution Civil 33/2017 (Adhunik Security Services v. NHAI):

"EX CIVIL 33/17

M/S AUDHNIK SECURITY SERVICE Vs. NATIONAL HIGHWY AUTHORITY OF INDIA

25.02.2022

Present: Sh. Rahul Shukla, Ld. Counsel for DH through VC.

Sh. C.S. Chauhan, Ld. Counsel for JD.

Ld. Counsel for DH stated that the dispute is regarding para no. 31(iii, iv, v) of the Arbitral Award. Ld. Counsel for DH further stated that as per the amount mentioned in the entry no. 31(iii) and 31(iv), there is dispute regarding interest and the amount mentioned in the para no. 31(v), no any amount has been paid on behalf of opposite party. It

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DELHI HIGH COURTC.HARI SHANKARAdhunik Security Services – AppellantVersusNational Highway Authority of India – Respondent

JUDGMENT (Oral)

DELHI HIGH COURT
C.HARI SHANKAR
Adhunik Security Services – Appellant
Versus
National Highway Authority of India – Respondent