KRISHAN LAL SHARMA Vs. SHUSHIL BUDHIRAJA

JUDGEMENT

(1.) The grievance of the petitioner is that the respondents have filed the execution proceedings despite the following order dated 26/11/1999 :

(2.) There is no dispute that a security to the sum of Rs. two lakhs has been given. It appears that the calculation given by the petitioner does not include the interest on the principal amount of Rs.1,64,000/- at the rate of 2% per annum to the claimant as is mentioned in the operative portion of the judgment of the learned Trial Court. It reads as under :

(3.) While the learned trial court treated Rs.1,64,000/- towards principal amount, the petitioner is taking into consideration only Rs . 1,00 ,000/- as principal amount and ignoring the fact that the amount of Rs.64,000.00 of interest which had fallen due, was treated by learned trial court as the principal amount. The petitioner accordingly calculated the interest amounting to Rs. 13,000.00. If interest is calculated at the rate of 2% per annum from the date of order, it would be apparent that the entire decretal amount was to the tune of Rs.3,94,351/-. The petitioner has not given security for Rs.3,94,351/~ in terms of the warrants issued by the executing court. Since the order of this court itself has not been complied with in right earnest in its letter and spirit by the petitioner, the petitioner could not expect that respondent shall not move the execution application. -