NAVIN CHAWLA
ICICI Bank – Appellant
Versus
Kanta Malhotra – Respondent
JUDGMENT
Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 12.03.2020 passed by the learned Additional District Judge-07, South-East District, in Execution No. 408/2019, proceeding further against the petitioner in the Execution Petition.
2. The grievance of the petitioner is that the Execution Petition itself is not maintainable as it in fact prays for an amendment of the Decree.
3. To appreciate the submission made, certain facts would need to be highlighted.
4. The respondent no. 1 herein had filed suit, being CS No. 7398/2016, against the respondent no. 2 and the petitioner herein with respect to a Fixed Deposit opened by M/s. Grace Towers and Properties with M/s. ITC Classic Finance Ltd., predecessor in interest of the petitioner herein. By an order dated 11.12.2017, the learned Trial Court in the said suit passed inter alia the following directions:-
"Now coming to the interest part. Though, it is mentioned in the order dated 10.12.2013 that senior advocate for plaintiff had stated that he had no objection to the payment of interest by bank, however, in the own written statement filed by defendant no.2, the averments given in the reply
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