TARA CHAND PARIHAR Vs. VIJAYA BANK & ORS.

JUDGEMENT

(1.) Heard the learned counsel for both the parties in detail. Perused the order of learned executing Court dated 19.5.1998.

(2.) The decree was obtained by Vijaya Bank in Civil Suit No. 235/86 on 20.11.1987 for an amount of Rs. 38,125.25. The decree did not allow pendente lite interest.

(3.) The contention of the learned counsel for the judgment debtor petitioner is that an amount of Rs. 2,90,000.00 has been recovered towards the decree and is still being recovered and when he moved an application before the learned executing Court not to further recover the money, the same was dismissed. Learned counsel for the judgment debtor has submitted that the decree holder Vijaya Bank has not supplied the details as to how so much of amount has been recovered and that the executing Court may be stopped to recover any further amount and the decree holder be asked to give details of the amount by giving a proper statement. His further contention is that by order dated 5.3.1993 the executing Court had ordered that the interest at the rate of 12.5% can be recovered but the decree holder has recovered interest at the rate of 15% and later on at the rate of 17.5% as admitted by the learned counsel for Vijaya Bank.