MANOJ LOHARIA Vs. SANJEEV GUPTA

JUDGEMENT

(1.) Decree holder seeks execution of decree dtd. 15/5/2018. By judgment and decree dtd. 15/5/2018 the suit filed by the judgment debtor was dismissed with costs of Rs.2.00 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.2.00 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.2.00 lakhs have already been paid to the decree holder though belatedly.