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

$~ * 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 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