RAJ GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS application has been made by the Judgment Debtor for restitution of the execution petition which was disposed of as satisfied claiming that the decree Holder had received an amount of Rs. 24,348. 64, which is more than the awarded amount, by misrepresentation of facts before the Court and, therefore, this amount should be got refunded to the JD and an order be passed directing the JD to pay back this amount.

(2.) THE basis of the applicant/judgment debtor making this claim is the claim No. 15 of the award. The claim No. 15 of the Award reads as under:-

(3.) THE claimant has claimed that the total interest payable to the claimant was Rs. 1,08,000/- inclusive of future interest, pendente lite and past interest whereas the decree holder has calculated future interest @ 14% from 20. 8. 93 till 1. 5. 06 amounting to Rs. 6,03,298/ -. The decree holder could not have claimed this amount since under claim No. 15, the Arbitrator had granted total interest limited to Rs. 1,08,000/- only.