It is on record that by moving Miscellaneous Application bearing No.36 of 2019, the judgment debtors
deposited an amount of Rs.15,18,616/- with this Commission on 18.02.2019. The said amount was invested
in the Fixed Deposit Receipt. Thereafter, on 13.03.2019 passed in the aforesaid miscellaneous application,
an amount of Rs.13,33,616/- was released in favour of the decree holder and the balance amount was
ordered to be reinvested in the Fixed Deposit Receipt.
It is stated by Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors that out of the above said
amount, an amount of Rs.1,85,000/- more be released in favour of the decree holder. He further states that
nothing remains due and payable on behalf of the decree holder to the judgment debtors.
As per office report, an amount of Rs.1,89,584/- is lying with this office in the shape of Fixed
Deposit Receipt and is available for payment.
Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states that that to get clarification qua
payment of amount towards compensation for suffering mental and physical harassment and litigation
charges, the judgment debtors are going to file an application before the Hon’ble Supreme Court of India
and as on today, no application has been filed.
Be that as it may, we make it very clear that as and when the said application is filed and in case,
any adverse order is passed against the decree holder in future, the decree holder will return the amount
within three weeks from the receipt of notice from the judgment debtors, failing which, the amount
demanded will start getting interest @9% p.a. (simple) at the end of period mentioned above. We make it
very clear that in case the amount is not so returned by the decree holder, penalty of Rs.20,000/- shall be
deemed to have been imposed upon the decree holder and it will be open to the judgment debtors to file an
execution application to realize said amount.
Accordingly, we direct the Secretary of this Commission to get the aforesaid FDR liquidated and
pay an amount of Rs.1,85,000/- to the decree holder, namely, ‘Krishana Kumar Saharan’ and the balance
amount (minus Rs.10,000/-) including interest, which may have accrued thereupon in the Fixed Deposit
Receipt, to the judgment debtors, namely, ‘DLF Homes Panchkula Private Limited’, after verifying identity
of the person(s) concerned and furnishing identity proofs.
The aforesaid amount of Rs.10,000/- be paid to the PGIMER, Chandigarh, towards discharge of
corporate social responsibility of the judgment debtors, which shall further be deposited in the Poor Patient
Welfare Fund (PPWF) maintained by PGIMER, Chandigarh.
The aforesaid amount of Rs.10,000/- is being paid to PGIMER, Chandigarh with the consent of
Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors.
Cheque for an amount of Rs.10,000/- be prepared by the Secretary in favour of The Director,
PGIMER, Chandigarh (PPWF)’ and paid to PGIMER, Chandigarh towards discharge of corporate social
responsibility of the judgment debtors.
For the amount deducted, the judgment debtors– Company may get benefit towards its corporate
social responsibility.
Needful shall be done within 7 working days from today
With above observations, this execution application stands disposed of having been fully satisfied
qua the liability of both the parties.
Certified copies of this order be given dasti to the parties/their Counsel free of charge.