IRCON INTERNATIONAL LTD. Vs. M. MOOLJI (BOMBAY)

JUDGEMENT

(1.) It is said that the travails of a decree holder commence after he has obtained a decree in his favour. This case is no different. The case spans a period nearly two decades post the publication of an award in favour of the respondent/Decree Holder (DH). The captioned appeal has been filed to impugn the order dated 29.11.2000 passed by the learned Single Judge in EA No. 295/1999. By the impugned judgment learned single Judge dismissed the application filed by the appellant/ Judgment Debtor (JD) under Order 21 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short the Code). The said application, i.e., EA No. 295/1999, was filed in Execution Petition No. 184/1995.

(2.) In the appeal before us, the neat question of law raised is: Whether the interest on the decree would cease to run on payments being made, towards satisfaction of the decree; albeit with notice to the decree holder, which does not specify, the manner of the appropriation of the sum deposited in court? In other words, at the time of deposit of moneys in court, of which notice is served on the decree holder, there is no condition attached that the deposit should be adjusted towards the principal sum included in the decree.

(3.) In order to appreciate the contentions, following brief facts are required to be noticed.