DEEPAK ARORA AND ORS. Vs. VIJAY KHANNA

JUDGEMENT

(1.) BY medium of this application under Section 151 read with Section 144 C.P.C., the applicant/judgment debtor has sought refund of the excess amount deposited by him with a further direction to recall the order dated 24.2.2015 (mentioned as 23.2.2015), whereby this Court had directed to release of the amount deposited by the judgment debtor in favour of the decree holder.

(2.) IT is alleged by the judgment debtor that as against the amount of Rs. 2,84,25,372/ - along with proportionate interest, he has deposited a sum of Rs. 4,68,25,228/ -, whereas the total amount due to the Decree Holder as per the award is as follows: -

(3.) THE application has been vehemently opposed by the Decree Holders by filing reply, wherein preliminary objections have been taken to the effect that the application is not maintainable, as the same seeks to raise issues, which stand already decided or are deemed to be decided and therefore, cannot again be permitted to be raised. It has been alleged that these orders have obtained finality and operate as res judicata between the parties. In support of their allegations, the Decree Holders have made the following averments: -