NEW INDIA ASSURANCE CO. LTD Vs. MALPANI INDUSTRIES

JUDGEMENT

(1.) This is an application under Article 115 of the Code of Civil Procedure, 1908 (for short, the Code), challenging the order dtd. 18/12/2023 passed in Misc.(J) Case No.24/2021 arising out of Title Execution Case No.3/2020 whereby the application so filed by the petitioner who was the judgment debtor was rejected thereby holding inter alia that the calculations so made in the execution application to the tune of Rs.4,73,00,565.00 plus the cost awarded in the decree and the costs of the execution have to be paid by the judgment debtor/the petitioner herein.

(2.) I have heard Mr. D Mozumder, the learned senior counsel assisted by Mr. RK Bhatra, the learned counsel appearing on behalf of the petitioner and Mr. DK Mishra, the learned senior counsel assisted by Mr. B Prasad, the learned counsel appearing on behalf of the respondent.

(3.) The issue involved in the instant application is as to what interest the decree holder/the respondent herein would be entitled to and what would be the actual amount which is required to be paid by the judgment debtor for the purpose of satisfaction of the decree as it presently stands. For the purpose of deciding the same, it is relevant to take note of certain factual aspects which led to the filing of the instant petition.