Civil Rev. 4229 of 2008 1
IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH
Civil Rev. 4229 of 2008
Date of decision: 16.7.2009
Dayal Singh etc.
Petitioner
vs
State of Haryana
Respondent
Present Mr. PL Arora, Advocvate
Mr. Lokesh Sinhal, Addl.A.G. Hry
M.M.S.BEDI,J.
Learned State counsel has submitted that in view of the
judgment of the Supreme Court in Gurpreet Singh vs Union of India
2008(2) RCR (civil) 207, in the matters of determining the short fall in the
amount deposited by the State, the awardee -decree-holder will be entitled
to appropriate the same on the general principle of appropriation, first
towards interest, then towards costs and then towards the principal,unless,
of course, the deposit is indicated to be towards specified heads by the
judgment-debtor while making the deposit intimating the decree-holder of
his intention.
The said judgment has been followed by this court in Bhiwani
Improvement Trust, Bhiwani vs Shankar and others (C.R. 666 of 2004
decided on 19.12.2007).
In view of the above circumstances, the order of the learned
Additional District Judge, Panchkula dated 10.5.2008 observing that the
decree holder is not entitled to claim interest on interest deserves to be
maintained but it will be open to the decree-holder to file a fresh application
Civil Rev. 4229 of 2008 2
to seek the amount due to him, calculated as per the principles laid down
by the Supreme Court in Gurpreet Singh’s case (supra). In case any
such application is filed, the executing court will decide the same in the
light of the ratio of the judgment in Gurpreet Singh’s case (supra).
Revision petition stands disposed of the above terms.
July 16 ,2009 ( M.M.S.BEDI ) TSM JUDGE