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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Padam Kumar Singhania, S/o. Shri Shrawan Kumar Singhania – Appellant
Versus
South Eastern Coal Fields Ltd., Through The General Manager – Respondent
| Table of Content |
|---|
| 1. arguments for and against the appropriations made by the executing court. (Para 2 , 3) |
| 2. observations from the court regarding established laws controlling appropriation. (Para 4 , 7) |
| 3. challenge to the learned executing court's order regarding appropriation. (Para 5) |
| 4. legal principle concerning the sequence of appropriation in decree executions. (Para 6 , 8) |
| 5. final decision to set aside the earlier order and remand for proper procedure. (Para 9) |
Order :
RAKESH MOHAN PANDEY, J.
1. The petitioner has challenged the order passed by the learned Executing Court/District Judge, Bilaspur dated 18.04.2018, in Execution Case No. 111/2004, whereby the learned Executing Court has appropriated 50% amount deposited by the respondent/judgment debtor contrary to the law laid down by the Hon’ble Supreme Court in the matter of Bharat Heavy Electricals Limited vs. R.S. Avtar Singh and company reported in (2013) 1 SCC 243: (2013) 1 SCC (Civ) 230 : 2013 SCC OnLine SC 838.
2. Learned counsel for the petitioner would submit that an award was passed by the arbitrator on 07.07.2004, whereby, the respondent was directed to make payment of Rs. 74,40,000/- with interest at the rate of 12% f
In execution proceedings, absent specific directions for appropriation, payments should be applied to interest first, then principal.
Court deposit of arbitral award amount with interest during Section 34 stay proceedings constitutes payment to decree-holder's credit, ceasing post-award interest from deposit date; Order XXI Rule 1(....
Interest ceased to run on the deposited amount after the dismissal of FAO No. 284/2005 on 04.12.2008.
Decree holders cannot re-calculate interest after the decree has been satisfied, ensuring the appropriated amounts are first allocated to interest, then to costs, and lastly to principal under the es....
Interest on decreed amounts will not cease upon deposit in a court other than the executing court; actual payment to the decree holder is required to stop interest accrual.
The main legal point established in the judgment is that interest ceases to run on the amount paid to the decree holder upon withdrawal, and the judgment debtor is not liable to pay interest on the a....
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