UNION OF INDIA Vs. KULBHUSHAN GUPTA

JUDGEMENT

(1.) I have heard the learned counsel for the parties and with their assistance have gone through the record of this case.

(2.) SOME facts can be noticed in the following manner : -

(3.) 1 do not subscribe to the argument raised by the learned counsel for the respondent who relied upon the doctrine of merger. This doctrine is not applicable to the facts in hand for the reason that the decree was drawn by the trial Court on 2.12.1996 and that very decree was approved by the first Appellate Court and High Court. No fresh decree of reversal was drawn by these courts. In these circumstances, the judgment -debtor is liable to pay interest upto 2.12.1996 and not thereafter.