EP/165/2018 of J.S.R. Constructions Pvt Ltd Vs National Highways Authority Of India on 10 November 2026

COMMON ORDER

These Execution Petitions revolve upon the liability to pay the balance amount as also the interest accrued thereupon in terms of the Award under which an enhanced compensation was Awarded to the petitioners.

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EP Nos. 165 and 166 of 2018

2. The claim of the Executing Petitioners was sought to be contested by the Judgment Debtors primarily on the ground that the entire Awarded amount had been deposited to the credit of the Execution Petition and that there was no necessity for payment of any interest payable at the hands of the Judgment Debtor on the amount that had already been deposited. Such contention was repelled by the Executing Petitioners by contending that the amount was kept in a non-interest bearing account and every attempt made by the Executing Petitioners for withdrawal was stoutly opposed to by the Judgment Debtor under one pre-text or the other and that till the date of realisation of the amount by the Executing Petitioners, they are entitled to claim interest from the Judgment Debtors. Evidence had been let in by both the parties and a perusal of the deposition of both the witnesses on either side do not categorise the actual claim. The cross-examination of PW1 by the Judgment Debtor also do not impinge the claims made by the petitioner. The Proof Affidavit filed by the Judgment Debtor is also bereft of any material facts as to their liability and the cross-examination only reveals a blanket denial of the suggestion without any substance for such denial. It is also surprising to note that RW1 had denied knowledge of the facts also.

3. Conflicting Memo of Calculations have also been filed by the respective parties as regards to the entitlement or the liability respectively. In this regard, it could be useful to note certain relevant dates. Admittedly the

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EP Nos. 165 and 166 of 2018 Award passed for enhancement of compensation came to be affirmed by this Court when Section 34 Petitions filed by the Judgment Debtors came to be dismissed by this Court by its order dated 30.04.2019. The Intra-Court Appeals filed by the Judgment Debtors came to be dismissed on 21.02.2024 and the Special Leave Petitions came to be dismissed on 12.08.2024. On an order made in Applications in the pending Execution Proceedings, deposits were made on 27.11.2019 to a tune of Rs.18,86,81,452/- of amount. The Executing Petitioner was permitted to withdraw a part amount on 24.02.2020 and the balance on 29.04.2024 i.e., after the dismissal of the Special Leave Petitions.

4. It is to be noted that the amounts were kept in a non-interest bearing account to the credit of the Execution Petition. This would mean that the amounts were not realised by the Executing Petitioners and was kept in a deposit in the Execution Petition pending adjudication of the lis between the parties. In this regard, this Court is of the view that the liability to pay interest till the date of realisation of the Award amounts by the Decree Holder cannot be absolved. It is to be noted that these Execution Petitions were filed pending adjudication of the lis for recovery of the amount Awarded which arise out of a contract between the parties. Hence, this Court is of the view that even though, the amount had been deposited in the credit of the Execution Petitions, the Judgment Debtors are liable to pay further interest as per the Award till the date of realisation of it by the Decree Holder.

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EP Nos. 165 and 166 of 2018

5. It is to be further noted that the Division Bench of this Court while dismissing the Intra-Court Appeals preferred, had also directed the Judgment Debtor to repay the amount that was recovered on the basis of the dissenting Award. This order came to be passed by this Court on 21.02.2024 or else to deposit to the credit of the Execution Petition was made in the year 2019. Even according to the Judgment Debtor there remained an unpaid principal of sum of Rs.1,51,06,691/- which according to it was beyond the amount deposited by it on 15.11.2019 which included the principal Award amount and the interest towards pre and post Award components and they are only liable to pay interest at 13% on the unpaid principal which would amount to Rs.2,84,66,386.31/- as on 02.09.2026. Having admitted the said amount, no attempts were made to make good the same to the Executing Petitioners. Having admitted that a total amount of Rs.20,37,68,143/- was liable to be paid as on 15.11.2019 which reflects principal and interest, of which Rs.10,93,02,799/- was towards interest then admitted unpaid interest would have to carry interest not from the date of the deposit but from the date of the actual Award. In that regard, this Court is of the view that for the admitted balance unpaid principal of Rs.1,51,06,691/- interest have to be calculated on and from the date of the Award alone and not as claimed by the Judgment Debtor.

6. Apart from the Award amount payable by the Judgment Debtor on various Heads, a majority of the Award with regard to the refund of the amount

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EP Nos. 165 and 166 of 2018 that was wrongly recovered has also been made which was directed to be refunded by the Judgment Debtor in the Intra-Court Appeal. Even, according to the calculations given by the Judgment Debtor without the said amount directed to be refunded, the principal Award amount payable by the Judgment Debtor on various other Heads comes to about Rs.9,44,65,344/-. Such is also evident from the calculation memo submitted by the Judgment Debtor. In that regard, this Court is of the view that the Executing Petitioners are entitled to the following amounts:-

a) an unpaid principal of Rs.1,51,06,691/-

b) interest on the said amount on and from the date of the Award at 13% per annum ie., from 03.10.2012 till the date of realisation.

c) the amount directed to be refunded as per the Division Bench judgment dated 21.02.2024 Rs.2,92,00,711/- (Rupees Two Crores Ninety Two Lakhs Seven Hundred and Eleven Only).

d) interest at 13% on the said amount on and from 03.10.2012 till the date of realisation.

e) Interest on Rs.18,86,61,452/- at the rate of 13% interest per annum from 27.11.2019 till the date of realisation by the Executing Petitioners.

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EP Nos. 165 and 166 of 2018

7. Accordingly, these Executing Petitions stands ordered on the above said terms. However, there shall be no order as to costs. 10.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GBA

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EP Nos. 165 and 166 of 2018 K.KUMARESH BABU J. GBA A Pre-delivery order made in EP Nos. 165 & 166 of 2018 10.11.2026

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