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2023 Supreme(J&K) 86

RAJNESH OSWAL
State Bank of India – Appellant
Versus
Mohd. Din Sheikh – Respondent


Advocates Appeared:
For the Petitioner: Gagan Basotra, R. Sharma.
For the Respondents: R.K.S. Thakur.

JUDGMENT :

1. The order dated 12.09.2012 passed by the court of Principal District Judge, Ramban (for short the "Executing Court") directing the petitioner-bank to deposit a sum of Rs. 15,30,617/- was impugned by the petitioner-bank through the medium of revision petition, wherein besides other grounds it was also urged that the learned Executing Court has not rightly calculated the interest payable on FDR of Rs. 50,000/-.

2. The Revision petition preferred by the petitioner-bank was dismissed vide order dated 09.02.2015 in which the following findings were returned:

    "11. In terms of the impugned order dated 12.09.2012, the executing Court has determined the amount payable by the respondent-borrower to the Bank. It has found that the amount of Rs. 12,60,314/-was payable by the respondent-borrower to the Bank, whereas the Bank had to pay to the respondent-borrower an amount of Rs. 35,19,606/-. This calculation has been made on the basis of amount found payable to the Bank under the decree and the amount of Rs. 50,000/- pledged as FDR by the respondent-borrower together with the component of interest admissible thereon as per the approved rates of the Bank. After adjusting the amount o

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