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APURBA SINHA RAY
Prem Kumar Chowdhury – Appellant
Versus
Jiyajeerao Cotton Mills Limited – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. By filing the instant application the decree-holder has prayed for necessary leave to the decree-holder to deposit a sum of Rs. 1,50,048- before the Original Side in view of the relevant judgment and decree passed in suit no. 258 of 1992, and further for granting leave to the judgment-debtor no. 2 to withdraw the said sum as deposited by the decree-holder in compliance of the terms of decree dated 30th July, 2007. The decree-holder has also prayed for certain directions upon the Taxing Officer of the Original Side as mentioned in the master summons.
2. Mr. Jishnu Choudhury, learned counsel appearing for the decree-holder has contended that by virtue of the decree, the decree-holder is entitled to deposit the relevant sum before this court since there is no time limit imposed upon the decree-holder to deposit the said sum of money. According to him on payment of money by the plaintiff-decree-holder, the judgment-debtor no. 2 is to transfer the relevant shares and debentures to the decree-holder and further to record the name of the decree-holder in the relevant documents. Learned counsel has further argued that though the decree was passed on 30.07.20
The absence of a specified time limit in a decree allows the decree-holder to deposit the required amount at any time, affirming the principle that interpretations favoring the decree-holder should b....
The absence of a time limit in a decree allows the decree-holder to execute it at any time, emphasizing judicial interpretation favoring the decree-holder's rights.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
A decree's joint liability cannot be severed or modified unilaterally; the recording of payments must meet procedural standards set forth in the Code of Civil Procedure.
Payment recognized under decree requires unconditional compliance; bank guarantees do not suffice, and interest continues until funds are available to the decree holder.
Conditional compromise decrees require fulfillment of specific obligations for enforceability; failure to comply renders them unenforceable.
Late deposit of balance sale consideration was justified under the circumstances, observing procedural compliance and bona fide actions of the decree holder.
The court emphasized strict compliance with section 41 of the Civil Procedure Code for execution certification, asserting that failure to provide necessary documentation leads to limitations on furth....
The execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
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