KAN SINGH, C.M.LODHA
AMALGAMATED ELECTRICITY CO. LTD. , AJMER – Appellant
Versus
MUNICIPAL COUNCIL, AJMER – Respondent
LODHA, J.
( 1 ) THIS appeal is directed against the judgment of the Senior Civil Judge, Ajmer. dated 5th November 1966 and involves the determination of a question relating to award of interest while directing restitution under Section 144, Civil Procedure code
( 2 ) THE facts giving rise to this appeal-may be stated within a narrow compass.
( 3 ) THE appellant. Amalgamated Elec-tricity Company Limited, obtained a money decree from the Court of Senior Civil Judge, Ajmer for Rs. 44,461/11/9 against the respondent. the Municipal Council Ajmer on 19-9-1956. The appellant was also awarded costs of original suit Rs. 1997 and pendente lite and future interest at the rate of 3 1/2% P. A. The appellant thereafter levied execution hut the respondent filed an appeal before this court and obtained ex parte stay of execution on 15-21967. Later on, after hearing both the parties the ex parts stay order dated 15-21967 was set aside by a subsequent order dated 19-3-1967 of this Court and it was directed that the decretal amount shall not be paid to the decree-holder i. e. the appellant in this case, unless security is furnished to the satisfaction of the executing Court for repayment in
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.