SURENDER KUMAR & ORS Vs. SEEMA & ORS

JUDGEMENT

(1.) None has appeared on behalf of judgment debtors despite the matter being passed over twice and called for the third time. When the matter was called for the second time counsel for decree holders was requested to inform the counsel for judgment debtors. Ms. Mahajan, counsel for decree holders states that she has spoken to counsel for judgment debtors on her mobile who informed her that he has not received instructions from the judgment debtors and would, thus, be unable to appear

(2.) Order dated 10.10.2014 of the Division Bench has been filed. As per the order this Court has been asked to decide as to which party is to receive the interest accrued on the sum of Rs.75.00 lacs which was deposited by the appellant (plaintiff) in this Court. It may be noticed that a consent decree was passed by the Division Bench on 13.03.2014. It would be necessary to reproduce paras 23 and 24 of the order dated 13.03.2014 passed by the Division Bench:

(3.) A reading of paragraphs 23 and 24 of the order would show that Shri Surender Kumar and his wife were to pay Rs.75.00 lacs to Smt. Seema, Sh. Jagdish and Sh. Purushottam Kumar within two months with the tendering of the amount, portions of suit property in their possession was to be handed over to Shri Surender Kumar and his wife. In paragraph 24 it was made clear that should there be any breach in tendering the balance sum of Rs.75.00 lacs within two months, the same shall bear interest @15% p.a. reckoned from the date when the amount is payable till the payment is made and till such time the possession of Smt. Seema, Shri Jagdish and Sh. Purushottam would be protected.