DELHI DEVELOPMENT AUTHORITY Vs. SK ENTERPRISES

JUDGEMENT

(1.) Vide impugned orders of 12th November, 2010 and 24th December, 2010, the executing court had directed issuance of warrants of attachment of the bank account of appellant-JD for a sum of Rs. 1,15,346/- and the objections filed by appellant to the execution of the decree stands dismissed while noting that the entire decreetal amount stands paid to the respondent-decree holder.

(2.) In this appeal, the challenge to impugned orders is on the ground that the objections of appellant-JD that an amount of Rs. 2,49,641/- only with due interest was payable to the decree-holder as on 30th April, 2010 has not been dealt with in the impugned orders in the right perspective and so, impugned orders deserve to be set aside and the matter needs to be remanded back to trial court to justify calculation of the amount due as Rs. 3,44,511/-.

(3.) In view of aforesaid, impugned orders are set aside and the matter is remanded back to the trial court for re-calculation of the amount due and to deal with the objections of no interest being payable on the interest amount. Let the parties through their counsel appear before the trial court on 6th October, 2016. It is expected that the trial court shall pass a fresh order preferably within a period of three months from the date so fixed by it.