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1997 Supreme(MP) 13

A.R.TIWARI
Balaji Industries – Appellant
Versus
State Bank of India – Respondent


Advocates:
S.C. Bagadia with Pankaj Bagadia for applicants; S.C. Consul for
non-applicant No.1.

ORDER

1. The Judgment-debtors, confronted with liability under the money decree, have filed this revision petition under Section 115 of the Code of Civil Procedure (for short 'Code') against the order dated 1.5.92, passed by the Executing Court (VI Addl. Judge to the Court of the District Judge, Indore) in Execution Case No. 71/84-A, thereby rejecting their objections under Section 47 read with Section 151 of the Code. Objections were preferred on the linchipin that Decree-holder Bank has already recovered the sum of Rs.3,50,000/-, substantial part of the decretal liability , from the Deposit Insurance and Credit Guarantee Corporation (for short 'Corporation') on the strength of premium paid from their (Judgment-debtors') accounts and it cannot be permitted to recover the aforesaid amount from them (Judgment-debtors) again and to indulge in undue enrichment. The Executing Court said monosyllabic "No" to the objections, on the ground of absence of 'Privity of Contract' between them and Corporation and absence of such a fetter in the decree.

2. I have heard Shri S.C. Bagadia, learned Senior Counsel with Shri Pankaj Bagadia for the applicants and Shri S.C. Consul, learned counsel for no

















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