Court No. - 4 Case :- CIVIL REVISION No. - 46 of 2010 Petitioner :- U.P. Awas Evam Vikas Parishad Respondent :- Sadhu Ram Gupta And Another Petitioner Counsel :- Vivek Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the applicant.
Objection under Section 47 C.P.C was filed by the applicant in
execution proceedings mainly on the ground that no interest is
payable on the additional amount of compensation to the decree-
holder in view of the law laid down by this Court in Kalwa Vs.
Awas Vikas Parishad 2007 (1) JCLR 500 (Allahabad). However,
the trial court rejected the objection on the ground that it was
provided in the decree itself, which was affirmed upto the Apex
Court, that apart from market value solatium and additional
compensation, 9% interest, for the first year and thereafter 15 %
interest till date of payment was to be paid. No illegality appears to
have been committed by the executing court in rejecting the
objection, inasmuch as the law is settled that executing court can not
go behind the decree and has no jurisdiction to modify the same.
Reference may be made to the decision of the Hon’ble Supreme
Court in this regard in the case of Deepa Bhargva and another Vs.
Mahesh Bhargva (2009)2 SCC 294 and another wherein it has
been held that the executing court may execute the decree as it is and
neither it can go behind the decree nor has jurisdiction to modify the
same
Shri Vivek Singh learned counsel appearing for the applicant
submits even though executing court has permitted Avas Vikas
Parishad in the impugned order itself, to submit its calculation chart
still by means of subsequent order dated 21.01.2010, the bank
accounts have been directed to be attached. He further states that
sum of Rs. 17,91,894.00/- has wrongly been directed attached
inasmuch as the calculation chart is yet to be submitted by the Avas
Vikas Parishad.
Learned counsel Shri Vivek Singh further states that the calculation
chart shall be filed before the executing court within period of two
weeks from today and Awas Vikas Parishad shall also deposit a sum
of Rs. 10 lakhs with the executing court along with the calculation
chart.
In view of the aforesaid statements made the revision stands
disposed of with the direction that in case the Awas Vikas Parishad
submits the calculation chart along with sum of Rs 10 lakhs before
the executing court within 15 days from today, the Court shall
decide with respect to the correctness of the calculation chart filed
by the decree holder and the judgment debtor and accordingly direct
payment to be made to the decree holder. Initially for period of 15
days, the attachment order passed by the executing court shall be
kept in abeyance and in case the calculation chart and the deposit of
Rs. 10 lakhs is made within the aforesaid period, the attachment
order will remained in abeyance till final determination of amount
by the executing court. However, in case the calculation chart and
the deposit of Rs. 10 lakhs is not made within 15 days, this order
shall be deemed to be vacated, and the Revision shall be deemed to
have been dismissed by this Court.
Copy of this order may be given to the learned counsel for the
applicant on taken of a usual charges today.
Order Date :- 2.2.2010
ARS