MS PARSVNATH DEVELOPERS LTD vs MS KEDAR NATH GUPTA AND SONS HUF

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:12th December 2024 Pronounced on: 22nd April, 2025 + CM(M) 1113/2023 & CM APPL. 35964/2023 (stay) MS PARSVNATH DEVELOPERS LTD .....Petitioner Through: Ms. Minakshi Jyoti , Advocate. versus MS KEDAR NATH GUPTA AND SONS HUF ....Respondent Through: Mr. A.K. Gupta and Mr. Shivaji Tiwari, Advocates CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The limited question to be answered in this petition is whether the amount deposited by the petitioner/Judgment Debtor [“JD”] in a preliminary decree is to be adjusted towards interest or towards principal decretal amount. CM (M) 1113/2023 Page 1 of 11 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:23.04.2025 10:18:10 2. Brief facts are that preliminary decree dated 28.09.2018 was passed by the court of learned Additional District Judge-01, Patiala House Court, New Delhi to the extent of refunding the principal amount of Rs. 34,07,325.20/- (Rs. 29,56,670/- + Rs. 4,50,655.20/-) in CS 56823/2018, titled “Kedar Nath Gupta & Sons (HUF) Vs. M/s. Parsvnath Developers Ltd.”. Petitioner herein is the JD. The relevant paras of the decree read as under:- “11. I have thought over the said aspect - in view of the facts and circumstances of the case in my opinion since there is an offer/admission which has come on the part of the defendant to refund the principle amount in my opinion it would be apt at this juncture to order payment of Rs. 34,07,325.201- [Rs.29,56,670 + Rs. 4,50,655.20], Rs.4,50,655.20/- is the amount which is otherwise also admitted by the defendant upon which defendant has paid the TDS - the same signifies that this amount becomes a part of the principle. 12.2 Apart whereof I am also of the view that the question of int