Delhi High Court
Shri Krishan Lal Sharma And Anr. vs Smt. Shushil Budhiraja And Ors. on 18 July, 2001
Equivalent citations: 2002 (62) DRJ 752
Author: S Kapoor
Bench: S Kapoor
JUDGMENT
S.N. Kapoor, J.
1. The grievance of the petitioner is that the respondents have filed the execution proceedings despite the following order dated 26th November 1999:
"...In the meantime, further execution proceedings qua the appellant in FAO No. 188/96 shall remain stayed, subject to the condition of the appellant herein furnishing security for the entire decretal amount to the satisfaction of the Executing Court."
2. There is not dispute that a security to the sum of Rs. two lakhs has been given. It appears that the calculation given by the petitioner does not include the interest on the principal amount of Rs. 1,64,000/- at the rete of 2% per annum to the claimant as is mentioned in the operative portion of the judgment of the learned Trial Court. It reads as under :
"In view of my findings above, I hold that the award to the extend that it hold respondent No. 1 to 4 jointly and severally liable to pay Rs. 1,64,000/- towards principal, Rs. 13,000/- towards the interest, Rs. 2,000/- as costs of the proceedings and further interest thereupon @ 2% p.m. to the claimant and subject to the condition that the liability of respondent No. 2 will be limited to the extent of Rs. 15,000/- does not suffer from any infirmity and the same is hereby made a rule of the Court. Since a sum of Rs. 9,000/- had been admittedly paid by respondent No. 2 to the claimant, this amount having been paid by her on behalf of the respondent No. 1, the liability of all the respondents shall be diminished to that extent."
3. While the learned trial court treated Rs.1,64,000/- towards principal amount, the petitioner is taking into consideration only Rs. 1,00,000/- as principal amount and ignoring the fact that the amount of Rs. 64,000/- of interest which had fallen due, was treated by learned trial court as the principal amount. The petitioner accordingly calculated the interest amounting to Rs. 13,000/-. If interest is calculated at the rate of 2% per annum from the date of order, it would be apparent that the entire decretal amount was to the tune of Rs. 3,94,351/-. The petitioner has not given security for Rs. 3,94,351/- in terms of the warrants issued by the executing court. Since the order of this court itself has not been complied with in right earnest in its letter and spirit by the petitioner, the petitioner could not expect that respondent shall not move the execution application.
4. In the aforesaid circumstances, it is felt that it is not an appropriate case to proceed against the respondent for committing contempt of this court.
5. For the foregoing reasons, I do not find any force in the petition and dismiss the same.
