Citation : 2021 Latest Caselaw 4308 AP
Judgement Date : 25 October, 2021
THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CIVIL REVISION PETITION No.896 of 2021
(Taken up through video conferencing)
ORDER: (Per Hon'ble Sri Justice Joymalya Bagchi)
Learned Government Pleader for Arbitration submits that the
amount in the execution petition is disputed.
We have considered the materials on record.
Paragraph No.7 of the impugned order reads as follows:
"During the course of enquiry, the respondent filed a
memo that they have admitted the claim to a tune of Rs.34,65,005/- instead of the E.P. amount. The learned D.Hr counsel having received notice in the memo represented before this Court that D.Hr is agreed to receive the amount shown in the memo instead of the amount shown in the E.P. petition."
It appears from the aforesaid finding that the decree holder
had agreed to receive the sum as admitted by the judgment debtor.
Under such circumstances, we do not find any reason to
interfere with the order of executing Court directing the judgment
debtor to deposit the amount admitted by it.
Accordingly, the Civil Revision Petition is dismissed. There
shall be no order as to costs.
As a sequel, Miscellaneous Petitions, if any, pending in the
Civil Revision Petition shall stand closed.
_________________________ JOYMALYA BAGCHI, J
________________________ RAVI NATH TILHARI, J
Date: 25.10.2021 Ivd
THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI AND THE HON'BLE SRI JUSTICE RAVI NATH TILHARI, J
CIVIL REVISION PETITION No.896 of 2021 (Per Hon'ble Sri Justice Joymalya Bagchi)
Dated: 25.10.2021
Ivd
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