ASHOK LALWANI Vs. BANK OF INDIA

JUDGEMENT

(1.) At the joint request of parties, the matter is finally heard.

(2.) By the instant petition filed under Article 227 of the Constitution of India, the petitioner is assailing the validity of order dtd. 7/1/2023 whereby the Executing Court rejected the application in which the petitioner/decree holder has claimed future interest over the amount unpaid to him and also not paid in time as specified by the High Court and, therefore, the respondent/Bank is not inclined to give interest for the period more than the period of six months from the date of order.

(3.) Shri Lalwani has submitted that the Executing Court restrained him to withdraw the amount of interest deposited by the respondent/Bank in pursuance of the order dtd. 6/12/2018 passed in Review Petition No.1596 of 2018 whereby the order passed by the High Court in M.P. No.1873 of 2017 vacating the interim order granted by the First Appellate Court on 15/5/2017 exercising the power provided under Order 41 Rule 5 of the Code of Civil Procedure and permitting the petitioner to withdraw the amount deposited by the respondent/Bank subject to furnishing a surety before withdrawing the amount, has been stayed.