BSES YAMUNA POWER LIMITED Vs. SHYAM BIHARI SINGHAL

JUDGEMENT

(1.) This is an appeal from the order of a learned Single Judge in an application under Section 144 of the Code of Civil Procedure (hereafter referred to as "the CPC"), seeking restitution on behalf of the decree holder.

(2.) In this case, the respondent (hereafter referred to as "the decree holder") instituted a suit against the appellant ("BSES") for cancellation of a bill issued by the latter for the amount of Rs. 48,83,927/-. During the course of that proceeding, the Civil Judge directed (in an order dated 03.08.1999) the decree holder to deposit Rs. 6,00,000/- to the BSES as a precondition to restrain disconnection of electricity supply to his premises. Later, the plaint was returned by the Civil Judge, and the suit was filed before this Court, upon which time the same interim order was made by the Court, in an order dated 24.07.2006. Accordingly, the decree holder paid the amount to the BSES in two equal instalments of Rs. 3 lakhs each on 12.08.1999 and 6.09.1999.

(3.) The suit was decreed on 16.03.2011. Thus, the impugned bill of Rs. 48,83,927 was set aside, and the Rs. 6 lakhs was ordered to be refunded within 8 weeks. To recover this amount, the decree-holder filed an execution petition. In those proceedings, it was contended by him that apart from the amount of Rs. 6 lakhs, he was entitled to interest at 18% per annum from the date of deposit till its actual realization. Contrary to this, the BSES argued that the judgment and decree dated 16.03.2011 in the underlying matter was clear in that only payment of Rs. 6 lakhs was to be made, and that the payment of interest over and above that amount would amount to an impermissible exercise of adding to the decree.