(1.) PRESENT application has been filed by the judgment debtor claiming refund of alleged excess payment of Rs. 60,01,823. 18 along with interest at the rate of 16% p. a. w. e. f. 4th October, 2006 till the date the amount is refunded to judgment debtor-DDA.
(2.) AT the outset, learned counsel for judgment debtor-DDA fairly stated that in view of non-encashment of DDA's cheque No. 090317 dated 27th September, 2006 for Rs. 43,20,531. 00/-, he is not claiming refund of the said amount.
(3.) CONSEQUENTLY, the only issue that arises for consideration before this Court in the present proceedings is as to how much interest is payable to the decree holder.