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1968 Supreme(Raj) 83

KAN SINGH, C.M.LODHA
AMALGAMATED ELECTRICITY CO. LTD. , AJMER – Appellant
Versus
MUNICIPAL COUNCIL, AJMER – Respondent


Advocates Appeared:
D.P.GUPTA, S.K.JINDAL

Judgment


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










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