OM INTERNATIONAL Vs. S K NANDA

JUDGEMENT

(1.) This revision petition is directed against the order dated 29.8.1998 passed by the Additional District Judge, Delhi in Execution Case No. 75/95 dismissing the objection petition filed by the petitioners herein.

(2.) An award was passed on 15.7.1994 in favour of the respondent and against the petitioners. On an application Filed for making the award a rule of the Court by order 9.12.1994 made the award a rule of the court and a decree was passed for a sum of Rs. l,50,000.00 payable within one month from the date of the award, failing which the petitioners were to pay interest @ 18% p.a. from 5.4.1993 till realisation. As the decretal amount was not paid by the petitioners, an execution application for recovery of the decretal amount was filed by the respondent, on which warrants of attachment were issued. When the aforesaid warrants of attachments were taken for execution, petitioner No. 3 who is the wife of petitioner No. 2 herein, made payment of the decretal amount by giving a cheque of Rs. 4,44,008.50p. towards satisfaction of the decree, to the bailiff of' the Court. However, immediately thercafter the petitioners herein Filed objection under Section 47, Civil Procedure Code. It was alleged in the said objection Filed on behalf of the petitioners, that the judgment debtors, namely, petitioner Nos. 1 and 2 herein have made payment of the decretal amount by making payment of a cash amount of Rs. 50,000.00 on 2.9.1994 and two cheques for Rs. 90,000.00 on 25.6.1995 and for Rs. 40.000.00 on 24.9.1995 issued by Smt. Latika Wadhwa, the petitioner No. 3 herein.

(3.) The decree holder/respondent contested the said objection contending, inter alia, that no such payment either by way of cash or by cheques was received by the decree holder in respect of the decretal amount. It was also contended that the said payment made by the petitioner was in respect of another account and not towards the present decree. In support of the aforesaid contention, the decree holder/respondent also placed on record-a duly certified statement of account certified under the Bankers Book Evidence Act. The aforesaid objection was taken up for consideration by the executing court and on consideration of the entire evidence and circumstances of the case, the Additional District judge dismissed the objection by his order dated 29.8.1998 as against which the present revision petition has been preferred.