JITENDER MOHAN MALIK Vs. RAVI BHUSHAN MALIK

JUDGEMENT

(1.) THE judgment debtor has filed this application seeking the grant of a certificate of payment / adjustment in respect of the amounts tendered by the judgment debtor as described in the proceedings of 12. 03. 2008 against the principal amount detailed and set out in paragraph 1 of the award in question. This application has been filed without prejudice to the rights and contentions of the judgment debtor for termination of the execution proceedings as applied for in EA No. 133/2008.

(2.) BY virtue of the award dated 25. 05. 2006, the judgment debtor / applicant was, inter alia, required to pay a sum of Rs 15,20,000/-to the decree holder towards the difference of cost of land divided amongst them. The award also stipulated as under:-

(3.) ON 12. 03. 2008, in the course of execution proceedings, three bankers cheques totalling Rs 15,20,000/- were handed over by the judgment debtor to the counsel for the decree holder towards part satisfaction of the decree. On that date, the matter was renotified to enable the judgment debtor to make the balance payment under the decree. By way of the present application, the judgment debtor contends that the said amount of Rs 15,20,000/- which was paid on 12. 03. 2008, ought to be adjusted and appropriated against the principal amount due from the judgment debtor to the decree holder and that a certificate be granted with regard to the said adjustment against the principal amount of Rs 15,20,000/ -. The learned counsel for the judgment debtor / applicant relied upon the following two decisions:-1) The Central Warehousing Corporation, Behrampur v. M/s Govinda Choudhary and Sons: AIR 1989 Orissa 90; 2) M/s Industrial Credit and Development Syndicate now called I. C. D. S. Ltd v. Smt. Smithaben H. Patel and Others: AIR 1999 SC 1036.