Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4 EX 1011/23
RAJ KUMAR JAIN Vs. MUNICIPAL CORPORATION OF DELHI
18.10.2025
Present: Sh. Yogesh Sharma, Ld. Counsel for the DH.
Ms. Janvi, Ld proxy counsel for Sh. Ankit Kaushal,
Ld counsel for JD/MCD.
At this stage, Ld Counsel for the DH disputes the
calculation filed on behalf of JD/MCD qua the accrued
pendente-lite and future interest and relies on the calculation
which was filed by the Decree Holder on 21.04.2025.
A perusal of the said calculation sheet (filed by DH)
placed on record reveals that a sum of Rs. 3,15,759/- has been
taken as the decretal amount as basis for computation of
pendente lite and future interest. It is further noted that, while
preparing the said calculation, the cost of the suit has also been
added to the said amount, and the aggregate total has been taken
as the base figure for computing pendente lite and future interest.
However, in the considered view of this Court, the
aforesaid calculation is based on erroneous assumptions and
incorrect factual data. This is because the order dated 20.12.2016
passed by the Ld. Labour Court, which forms the foundation of
the present execution proceedings, clearly specifies the decretal
amount as Rs. 4,70,066/-. Moreover, the cost of the proceedings
was awarded in addition to the said decretal sum and was never
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intended to form part of the principal amount for the purpose of
calculating pendente lite and future interest.
Upon this observation being made, Ld. Counsel for the
Decree Holder (DH) prays for some time to carefully examine
the order of the Ld. Labour Court as well as the calculation sheet
already filed, and submits that, if upon verification any
correction is warranted, a fresh calculation sheet shall be
prepared and filed on record accordingly.
In view of the same, let the matter be adjourned for
further proceedings on 20.11.2025.
(NEERAJ SHARMA)
District Judge-04(Central)
Tis Hazari Courts Delhi
18.10.2025
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