VANDANA GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Sanjeev Kumar Yadav, learned counsel for the petitioners and Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents.

(2.) The petitioner before this Court is a decree holder and is aggrieved by the order passed in Civil Revision No.93 of 2017 by the District Judge, Azamgarh dtd. 23/11/2017 whereby the order passed by the Executing Court rejecting Sec. 47 objection has been reversed and matter has been remitted to the limited extent of deciding the question of interest on delayed payment under the Small Scale and Ancillary Industrial Undertakings Act, 1993 (in short, 'the Act of 1993').

(3.) The argument advanced by learned counsel for the petitioner is that although it is an order of remand but in matter of satisfaction of decree passed by the trial court, the Executing Court could not have gone behind the decree and once the decree for interest has been passed and that has remained unappealed against, the executing court was bound to execute the decree. He, therefore, submits that the court sitting in appeal has fell in serious of error of law in allowing the revision petition.