LAWS(MPH)-1994-11-53

KRISHNA DAL MILLS Vs. PUNJAB NATIONAL BANK

Decided On November 15, 1994
KRISHNA DAL MILLS Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) This revision is directed against the dismissal of objections in execution of the decree passed in relation to loan granted to the applicant/judgment debtor on 29.1.77 on execution of mortgage for a sum of Rs. 1,35,000/-. As the full payment was not made, the suit was filed for recovery of the amount for Rs. 1,21,183/-. The two preliminary decrees were drawn. The said decrees were confirmed by final decree passed on 11.10.1983. It was stated that the amount should carry interest at the rate of 16% with quarterly rests.

(2.) After passing of the decree, the property has been sold and auction purchasers have purchased it and the amount is in deposit in the Court from May, 1993.

(3.) The learned counsel for the applicant submits that the executing Court is executing the decree which is fixed at the rate of interest mentioned in the decree as 6%. There are two decrees, one in Hindi and another in English. Therefore, should have been removed before passing of the final decree.