Judgment

Quadri, J.-Leave is granted.

2. This appeal is directed against the order of a learned Single Judge of the High Court of Punjab and Haryana passed in C.R. No. 1990 of 1993 on November 21, 1995. By the impugned order, the learned Judge determined that Rs. 9,02,300/- were payable by the respondent to the appellant, directed that the same be paid within one month from the date of the order and held that the order under revision staying the auction of the mortgaged properties by the execution court was justi­fied and thus disposed of the revision.

3. This case has had a chequered history. To appreciate the question involved in this case, it would be necessary to refer briefly to the facts giving rise to this appeal.

4. The appellant advanced loan of Rs. 14.75 lakhs to the respondent for the construction of a hotel building on plot No. 22, Sector 26, Chandigarh. The loan amount together with interest at six per cent per annum per over the bank rate subject to a minimum of fifteen per cent which was to be scaled down by way of rebate of 1.5 per cent in case of prompt payment of principal amount and interest and was to be increased by 1.5 per cent per annum in case of default was pay