V.N.KHARE, R.P.SETHI
Industrial Credit And Development Syndicate, Now Called I. C. D. S. LTD. – Appellant
Versus
Smithaben H. Patel – Respondent
Judgment
Sethi, J.-Whether a judgment debtor has any option or right to make the payment of the decretal amount in the manner he likes unilaterally?;
Whether the mere acceptance of such amount by the creditor can be held to be agreeing to the conditions put by the judgment debtor while satisfying the decree?;
Whether a debtor can unilaterally insist upon the payment of the decretal amount in liquidation of the principal amount in the first instance notwithstanding his liability to pay the interest and costs?, are the questions required to be adjudicated in this appeal.
2. The facts giving rise to the filing of the present appeal are that in a suit filed by the appellant herein a decree was passed on the basis of the mortgage deed executed by the respondents holding them liable to pay to the appellant-plaintiff a sum of Rs. 5,25,451.07 together with court costs and current and future interest at the rate of 18 per cent per annum on Rs. 1,80,000/- and Rs. 2,31,138.52 from the date of the suit till the date of the payment. The decretal amount was, however, to be paid in monthly installments of Rs. 20,000/- commencing from 1.9.1983 after making the deduction of Rs. 20,000/- stated to have
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