SHARADCHANDRA RAMKRISHNA DESHMUKH Vs. KULDEEP BUILDERS

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India, the petitioner, being the decree-holder, challenges the judgment and order dtd. 24/9/2014 passed by the Executing Court. The Executing Court, while adjudicating the amount payable by the judgment-debtor, calculated interest awarded under the decree only up to the date of the counterclaim, i.e., 10/1/2001, and deducted the amount of Rs.17,00,000.00 payable by the decree-holder to the judgment-debtor from the principal amount.

(2.) The facts and circumstances relevant for adjudication of the issue involved are as under: The Petitioner, as a decree-holder, initiated Special Civil Suit No. 419 of 2000 in the Court of Civil Judge Senior Division, Pune, seeking declaratory relief and permanent injunction. The suit arose from a development agreement between the parties, where disputes emerged over payments, construction work, and mutual obligations. After a detailed examination of the pleadings, evidence, and arguments, the Trial Court delivered its judgment on 31/3/2005, partly decreeing the suit. The operative part of the decree was as follows :

(3.) During the execution proceedings, the judgment-debtor filed an application quantifying the net amount payable as Rs.1,41,04,970,.00 asserting that Rs.17,00,000.00 payable by the decreeholder to the judgment-debtor must be deducted from the principal amount before calculating interest and that the interest on the decretal amount should be calculated only up to the date of the counter-claim, i.e., 10/1/2001.