AJAY JAIN Vs. KARAN MEHRA

JUDGEMENT

(1.) On 12.05.2016, after hearing learned counsel the following order had been passed:

(2.) By this order, I propose to deal with the submission of learned counsel for the judgment debtors that the Executing Court cannot grant interest on the amounts due in respect whereof there was no claim in the suit and no direction issued by the Court while passing the decree.

(3.) The submission of learned counsel for the judgment debtors, firstly, is that the decree holder, even in the present execution petition, has not sought that the amount of Rs.29 Lakhs, which was payable in terms of the decree passed by this Court on or before 15.11.2015, be released along with interest. Secondly, the submission of learned counsel for the judgment debtors is that a perusal of the decree would show that the Court did not decree any interest on the amount of Rs.29 Lakhs for any period, i.e. pre - suit, pendente lite, or post -decree. Learned counsel for the judgment debtors has placed reliance on Krishan Dayal Sharma (supra).