J.S.R. Constructions Pvt Ltd, vs National Highways Authority Of India

EP Nos. 165 and 166 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON
PRONOUNCED ON
03.09.2026
10.11.2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
EP Nos. 165 & 166 of 2018
M/s.J.S.R. Constructions Pvt Ltd,
nd nd
3415, 2 Cross, 2 stage,
Indira Nagar, Bangalore 38.
Presently having office at
th st
No.197, 7 Cross 1 Stage, Indira Nagar,
Bangalore – 560 038.
..Petitioner(s) in both
E.Ps
Vs
1. National Highways Authority Of India
Through Project Director,
NHAI, PIU, II Floor, VSA Commercial
Complex, Omalur Main Road,
Salem – 636 004, Tamil Nadu.
Presently at
Door No.212/3 -D3/1,
Sri Nagar Colony,
Narasothipatti,
Salem – 636 004, Tamil Nadu.
2. The CGM (Tech) and Regional Officer,
Regional Office-Chennai,
National Highways Authority Of India,
rd
Sri Tower, 3 Floor, DP 34, Industrial Estate,
Guindy, Chennai-600032.
..Respondent(s)
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EP Nos. 165 and 166 of 2018
PRAYER in EP No. 165 of 2018: - Execution Petition filed to direct the
Judgment Debtor to pay the amount of a sum or Rs.3,08,31,092/- along with
interest till date of Award (i.e till 3.10.2012) as Rs.11,707,093/- and with
interest at the rate of 13% from the date of Award i.e from 4.10.2012 to
24.08.2018, which works out to Rs.2,36,09,014/- upto 24.08.2018, all put
together the amount is Rs.6,61,47,199/-, along with interest at 13% till date of
actual realization under Order XXI Rule 43 C.P.C. If the Judgment Debtor fails
to make such payment, an order of attachment and sale of the Judgment
Debtor's schedule of properties be ordered.
PRAYER in EP No. 166 of 2018 :- Execution Petition filed to direct the
Judgment Debtor to pay the amount of a sum of Rs.6,36,34,252/- along with
interest till date of Award (ie., till 08.05.2014) as Rs.2,33,42,451/- and with
interest at the rate of 13% from the date of Award i.e., from 09.05.2014 to
24.08.2018, works out to Rs.3,55,37,550/- upto 24.08.2018, all put together the
amount is Rs.12,25,14,253/-, along with interest at 13% till date of actual
realization under Order XXI Rule 43 C.P.C. If the Judgment Debtor fails to
make such payment, an order of attachment and sale of the Judgment Debtor's
schedule of properties be ordered.
In both E.Ps:-
For Petitioner(s): Ms.K.Aparna Devi
For Respondent(s): Mr. Su.Srinivasan for JD
Standing Counsel for NHAI
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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