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2000 Supreme(Cal) 432

VINOD KUMAR GUPTA
UCO BANK – Appellant
Versus
AMALGAMATED COALFIELDS LTD. – Respondent


V. K. GUPTA, J.

( 1 ) THIS Appeal is directed against the order dated 5th May, 1999 passed by a learned single Judge of this Court whereby the execution application filed by the Appellant, UCO Bank was dismissed on the ground that it was barred by limitation. Brief facts leading to the filing of the Appeal are that in the year 1977, preciesly on 3rd January, 1977 the Appellant Bank filed a suit against the Respondent Amalgamated Coalfields Ltd. inter alia claiming a decree for a particular amount of money along with interest. The said suit filed by the appellant was finally heard and disposed of by a Judgment and Decree passed on 24-6-1968 by a learned trial Judge of this Court. The following operative portion of the aforesaid Judgment may be re-produced hereunder for ready reference. It reads thus :"it appears that the Bank preferred a claim before the Commissioner of payments in respect of the compensation payable to the Amalgamated Coal Fields Ltd. By the order dated June 12, 1980 the Commissioner of payments admitted the claim of the plaintiff Bank to the tune of Rs. 43,77,862. 00 p. The said sum includes interest from May 1, 1973 to October 31, 1974 amounting to Rs. 2,47,803.
















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