STATE OF GOA Vs. LAXMIKANT D NAIK KARMALI

JUDGEMENT

(1.) Rule, made returnable forthwith. Learned Counsel for the Respondents waives service. Heard finally by consent of the parties.

(2.) By this Petition, the State takes exception to the Order dated 15.10.2014 passed by the learned Principal District Judge, South Goa, at Margao, in Execution Application no. 93 of 2013. By the impugned Order, the Executing Court has held that the Petitioners/Judgment Debtors would be liable to pay the amount as computed by the Respondents/Decree Holders. The amount recoverable is to the tune of Rs.1,38,227/- as on 31.08.2014.

(3.) The precise question is whether the liability of the State to pay interest would cease, when the decretal amount is deposited in pursuance of or as a condition of grant of stay. The question is no longer res integra as it is covered by decision of the Hon'ble Supreme Court in the case of P. S. L. Ramanathan Chettiar & Ors. vs. O. R. M. P. R. M. Ramanathan Chettiar, 1968 AIR(SC) 1047 and in the case of Prem Nath Kapur & anr. vs. National Fertilizers Corpn. Of India Ltd. & Ors., 1996 2 SCC 71 as also a decision of this Court in MCA no. 593 of 2006 in the case of Dr. Ramesh Mulgaonkar vs. Special Land Acquisition Officer (N) & anr. Dated 05.02.2007.