CS 15 OF 2007. 27.2.2008 Present: Mr. J.S.Bhogal, Sr. Advocate, with Mr. Suneet Goel, counsel for the Decree Holder. Mr. Sandeep Sharma, Asstt. Solicitor General of India, for the respondent. Learned Assistant Solicitor General, appearing on behalf of the Union of India, has placed on record the copy of letter No. 26(12)EE/BSNL/CD/SNR/1581, dated 11.01.2008 addressed by the Executive Engineer ( C) BSNL Civil Division, Sunder Nagar, which reads: “BHARAT SANCHAR NIGAM LIMITED OFFICE OF THE EXECUTIVE ENGINEER (C) BSNL CIVIL DIVISION, 2ND FLOOR TTC BUILDING SUNDERNAGAR (HP) 175 002. No.26(12) EE/BSNL/CD/SNR./1581 Dated 11.01.2008. To Shri Sandeep Sharma, Assistant Solicitor General of India, High Court of Himachal Pradesh, Shimla. Sub: Court Case i.e. Arbitration Case 26/2003 titled UOI Vs. Lali Construction pending before the Hon’ble High Court of Himachal Pradesh. Ref: Chief Engineer (C ), BSNL Shimla letter No. 15(16)/CE( C) / HPTC/SML/8 dated 03.01.2008 (copy enclosed). Sir, Regarding the above mentioned subject, it is intimated that the approval of the competent authority has been received for the acceptance of the judgment dated 01.08.2007 pronounced by the Hon’ble High Court Shimla. In this matter the demand drafts bearing No. 118817 & 118818 -2- amounting to Rs.9,90,000/- & Rs.9,34,969/- (Total Rs.19,24,969/-) has been deposited/pledged in favour of Registrar General, High Court of Himachal Pradesh, Shimla on 28.4.2003. The due amount to contractor is Rs.24,03,911/- up to 10.01.2008. In addition to this post award interest per day is coming Rs.631.81/= i.e. w.e.f. 11.01.2008 to date of payment (details of calculations of amount due are attached as annexure A). Therefore you are requested to take up the matter for releasing the deposited money in the Hon’ble High Court and making payment to the contractor at the earliest please. Sd/- Executive Engineer ( C) BSNL Civil Division, Sunder Nagar.” The letter acknowledges and accepts that an amount of Rs.24,03,911/- (twenty four lacs, three thousand, nine hundred and eleven only) is payable to the decree holder up to 10.1.2008. It further states that two demand drafts bearing Nos. 118817 & 118818 amounting to Rs.9,90,000/- & Rs.9,34,969/- (Total Rs.19,24,969/-) already stand deposited in this Court on 28.4.2003. It is accordingly directed that an amount of Rs.24,03,911/- out of the deposited amount be paid to the decree holder forthwith. This amount will be remitted to their bank account particulars whereof will be furnished by learned -3- counsel appearing for the decree holder. The balance amount will be refunded to the judgment debtor and remitted to their bank account on particulars being supplied by learned Assistant Solicitor General of India. The amount deposited in this Court has been placed into two fixed deposits with the Syndicate Bank of India. The record shows that the amount would mature for payment on 31.3.2008. In these circumstances, it is directed that the amount will be paid to both the decree holder and the judgment debtor after encashment of the FDRs on 31.3.2008. Learned counsel appearing for the decree holder has urged that the decree holder is entitled to additional amount of interest and other expenses as pleaded in the execution petition. I have heard the learned counsel for the parties in detail. I am not satisfied that the amount as claimed as additional interest and other charges over and above the amount acknowledged by the judgment debtor is due and outstanding to the decree holder. The submission made by the learned counsel for the decree holder is rejected. This execution petition is dismissed as fully satisfied. February 27, 2008(PC). (Dev Darshan Sud), J.