JUDGMENT :

1. The instant petition raises an issue which falls in a narrow compass. The issue which arises for consideration is : as to how money deposited by the judgment debtor with the Registry of this Court under an interim order passed by the Division Bench of this Court in an appeal is to be appropriated towards the satisfaction of the decree.

Prefatory facts

2. The background in which this issue arises for consideration is as follows.

3. The judgment debtor appointed the decree holder as an agent via an agreement dated 30.3.1982 (hereafter referred to as “1st Agreement”) for importing Crude Palm Kernel Oil (in short “CPKO”) into the country. The aggregate CIF value of CPKO was pegged Rs.1,85,95,100/-. In lieu of the service, which the decree holder was required to offer, it was to be paid remuneration at the rate of 5% of the value of the imported CPKO which included costs and expenditure incurred in that behalf.

3.1. The record shows that via another agreement dated 13.9.1982 (hereafter referred to as “2nd Agreement”), the judgment debtor agreed to sell the oil processed at its factory to the decree holder. The decree holder in terms of the 2nd Agreement was, required to pay at