NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 339 of 2019 M/s Shekhar Paddy Procuration Center through Proprietor Chandrashekhar Pansari, S/o Madanlal Pansari, R/o Dhamangaon, Railway, Tehsil – Chandoor, Railway, Distt.

Amrawati, Maharashtra ---- Petitioner Versus

1. Food Corporation of India through Area Manager, Distt.

Office, Vidhansabha Road, Kapa, Raipur, District Raipur (C.G.)

2. Smt. Shanti Devi Pansari (Dead/Deleted)

3. State of Chhattisgarh through Collector, Dhamtari, Distt.

Dhamtari (C.G.)

---- Respondents -------------------------------------------------------------------------------------------------

For Petitioner : Mr. Ashok Kumar Shukla, Advocate.

For Respondent No.1 : Mr. Yogesh Pandey, Advocate.

For Respondent No. 3 : Mr. Md. Ruhul Ameen Memon, PL Hon'ble Mr. Justice Naresh Kumar. Chandravanshi Order On Board

13-03-2024

1. Instant petition has been preferred by the petitioner against the order dated 23.02.2029 passed by Executing Court/Upper District Judge, Dhamtari, in Execution Case No. 15/2017, whereby learned Executing Court has miscalculated the amount, which is required to be paid by the petitioner.

2. Learned counsel appearing for the petitioner would submit that vide impugned order dated 23.02.2019, learned Upper District Judge, Dhamtari / Executing Court has calculated outstanding amount to the tune of Rs. 4,71,426.56/-, which has wrongly been calculated because on aforesaid calculation, decreetal amount alongwith interest has been calculated, whereas decreetal amount was already paid by petitioner - judgment debtor to respondent No. 1/decree holder prior to passing of the impugned order and on the date of the impugned order i.e. 23.02.2019 only interest part was left to be paid to respondent No.

1/decree holder, which is an amount of Rs.2,59,067/-

3. Learned counsel for respondent No. 1 / decree holder while conceding the aforesaid facts would submit that respondent No. 1 has already received principal decreetal amount from the judgment debtor prior to passing of the impugned order i.e. on 23.2.2019 and only amount of interest was left to be paid by petitioner / judgment debtor, which is Rs.2,59,067/- on the date of passing of the impugned order, meaning thereby, if petitioner / judgment debtor shall pay aforesaid amount of interest to the respondent No. 1/decree holder, then decree will be fully satisfied.

4. In reply to aforesaid acceptance by respondent No. 1/decree holder, learned counsel for the petitioner / judgment debtor would submit that he is ready to pay interest amount of Rs.2,59,067/- to respondent No. 1/ decree holder.

5. In view of above contention and acceptance made by learned counsel for both the parties, this petition is allowed. Impugned order dated 23.02.2019 is set aside. It is held that till 23.2.2019, only interest part of Rs. 2,59,067/- was left to be paid by petitioner/judgment- debtor to respondent No. 1/decree holder.

6. Accordingly, the writ petition is disposed of.

Sd/-

(Naresh Kumar Chandravanshi)

Judge Amit/-