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2023 Supreme(Jhk) 715

PRADEEP KUMAR SRIVASTAVA
Mohan Lal Agarwall – Appellant
Versus
Western Coalfield Limited, a Government of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kalyan Banerjee, Advocate
For the Respondent: Mr. Sanjay Kumar Prasad, Adv.

JUDGMENT :

1. Present petition under article 227 of Constitution of India has been preferred for setting aside the order dated 22.11.2019 passed by learned Civil Judge (Sr. Division)-II, Dhanbad in Civil Misc. Case No.110 of 2017 (CNR No.JHDH02-0000855-2017 which was filed for restoration of Execution Case No.01/2003/01/2007.

2. Heard the learned counsel for the petitioner as well as learned counsel for the respondent.

Argument on behalf of Petitioner

3. Learned counsel for the petitioner has submitted that the Money Suit No.99 of 1979 was decreed in favour of the decree holder by Additional Sub-judge-III, Dhanbad, which was also confirmed by the Hon’ble High Court of Judicature at Patna, Ranchi Bench in Appeal No.163/1986(R). The Execution Case No.01/1988 was filed for decretal amount to the tune of Rs.3,11,000/- on transfer to the Bilashpur Court along with interest @ 18 per annum from the date of cause of action on Principal sum claimed till filing of suit and the appellate Court reduced the interest payable from the date of filing of the suit till realization from 18% to 15%.

4. Learned counsel for the petitioner has further submitted that Execution Case No.01 of 2003 remains pendin

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