NEWERA PROJECTS Vs. SENBO ENGINEERING LTD.

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The present appeal has been filed challenging the impugned order dated 6th March, 2020, by which the Executing Court has directed the release of a sum of Rs.40,00,000/-, which had been withheld by this Court in CS(OS) 2425/2010, in favour of Respondent No.4 - M/s Venus Buildtech India Pvt. Ltd. (hereinafter as 'Venus') which is also a decree holder against M/s Senbo Engineering Limited (hereinafter as 'Senbo').

(3.) The brief background of this case is that the Appellant herein had filed a suit being CS(OS) 58648/2016 for recovery of an amount of Rs.25,84,745/- against the Respondents, which was decreed in its favour, vide order dated 31st May, 2017. Thereafter, the Appellant filed an Execution Petition being Ex.P.671/2017. Similar suits for recovery and execution petitions were also filed by other Decree Holders against the Respondents. Venus/Respondent No.4 was one such Decree Holder in suit bearing CS(OS) 2425/2010, in whose benefit this Court had directed DMRC to withhold a sum of Rs.40,00,000/- from being paid to Senbo, vide its order dated 7th March, 2014. In the Execution petition no. 686/2017, Venus moved an application seeking release of the amount which was ordered to be withheld. The said application was allowed by the Executing Court by the impugned order dated 6th March, 2020.