The Decree becomes executable on the date of passing of the judgment. Delay in engrossing the same cannot extend the period of limitation for the execution of such a Decree.

JUDGMENT

Navin Chawla, J. (Oral)--This Execution Petition has been filed seeking execution of the Preliminary Decree dated 17.09.2012 and Final Decree dated 03.03.2014.

2. Admittedly, the Final Decree has still not been prepared by the Registry for want of valuation of the Suit Property, that is, bearing No. E-3/3, Vasant Vihar, New Delhi-110058, from the concerned Revenue Authorities.

3. The learned counsel for the Decree Holder submits that though communications have been addressed by the Registry of this Court to the Principal Secretary (Revenue) to furnish the valuation report with respect to the Suit Property, the same has not been received till date, because of which the appropriate Stamp Duty to be paid on the Final Decree could not be determined by the Registry and paid by the parties herein.

4. The learned counsel for the Judgment Debtor no.1, placing reliance on the judgments of the Supreme Court in Shankar Balwant Lokhande (Dead) By Lrs. V. Chandrakant Shankar Lokhande and Another, (1995) 3 SCC 413; and West Bengal Essential Commodities Supply Corporation v. Swadesh Agro Farming & Storage Pvt. Ltd., (1999) 8 SCC 315, submits that until the Decree is engrossed on the requisite stamp paper, the same is not executable. He submits that the present petition is, therefore, premature.

5. On the other hand, the learned counsel for the Decree Holder, placing reliance on the judgment of the Supreme Court in Chiranji Lal (D) by Lrs. V. Hari Das (D) by Lrs., (2005) 10 SCC 746, submits that the above two judgments of the Supreme Court have been considered by a larger Bench of the Supreme Court in Chiranji Lal (supra) and it has been held that the Decree becomes enforceable on the passing of the judgment, and even if there is a direction of the Court for furnishing of the stamp paper by a particular date for the purposes of engrossing of the Decree, the period of limitation would begin to run from the date when the Decree is passed and not from the date when the Decree is engrossed on the stamp papers supplied by the parties.

6. He submits that the interest of the revenue can be safeguarded by directing that the proceeds of the sale of the Suit Property would first be applied towards the payment of the requisite Stamp Duty before being divided amongst the parties in accordance with the Final Decree. In support he places reliance on the judgment of the Division Bench of this Court in Arjun Somdutt v. Vivan Somdutt and Ors., MANU/DE/5413/2022.

7. The learned counsel for the International Asset Reconstruction Company Limited (in short `IARCL'), drawing reference to the order dated 26.02.2018, supports the submission of the learned counsel for the Decree Holder and states that delay in auction of the suit property leads only to the increase of the liability owed by the Judgment Debtor no.1 and diminishes the security amount available with the IARCL, which stands attached by an order passed by the learned Debt Recovery Tribunal.

8. I have considered the submissions made by the learned counsels for the parties. In Chiranji Lal (supra), the Supreme Court on considering the earlier judgments of Shankar Balwant Lokhande (supra) and West Bengal Essential Commodities Supply Corporation (supra), observed as under:

"17. Thus, even if there is direction by the Court for furnishing of stamp papers by a particular date for the purposes of engrossing of the decree, the period of limitation begins to run from the date when the decree is passed and not from the date when the decree is engrossed on the stamp papers supplied by the parties.

18. The Court also held that the period of limitation prescribed in Article 136 of the Act cannot be obliterated by an enactment wholly unconnected therewith, like the Indian Stamp Act. Legislative mandate as sanctioned under Article 136 of the Act cannot be kept in abeyance unless the selfsame legislation makes a provision therefor. The Indian Stamp Act, 1899 has been engrafted in the statute book to consolid