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High Court of Punjab and HaryanaCR/7769/2019disposed of

Dinesh Kumar Sood v. M/S Duggal Poultry And Breeding Farm Private Limited And ORS

2022-09-01Mr. Justice Anil Kshetarpal2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 7769 of 2019 Date of Decision: 01.09.2022 Dinesh Kumar Sood ... Petitioner(s)

Versus

M/s Duggal Poultry and Breeding Farm Private Limited and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Krishan Singh Dadwal, Advocate for the petitioner(s).

Mr. Dinesh Nagar, Advocate for the respondents.

Anil Kshetarpal, J.

1.

The dispute is between the decree holder and the judgment debtor. As per the decree passed in favour of the petitioner (decree holder), he is entitled to ₹19,75,116.15 with interest @ 12% per annum w.e.f. 22.11.2003 till realization thereof.

2.

In the execution petition, the property of the judgment debtor was sold through court auction for ₹ 72,70,000/- and the entire amount has been paid to the decree holder. On an application filed by the decree holder, the Court has ordered the petitioner to refund the excess amount of Rs.19,41,404.18. The Executing Court has relied upon the calculation submitted by the judgment debtor, according to which the total amount due upto 21.11.2017 comes to Rs.53,28,595.82 and directed the petitioner to deposit the same.

DEEPAK KUMAR BHARDWAJ 2022.09.06 10:37 I attest to the accuracy and integrity of this document

Civil Revision No. 7769 of 2019 3.

Heard the learned counsel representing the parties and with their able assistance, perused the paper-book. 4.

The learned counsel representing the petitioner contends that the Executing Court has committed an arithmetic error in calculating the amount.

5.

Be that as it may.

6.

Let the petitioner deposit the amount and then apply to the Executing Court for recalculating the same. If any further amount is found payable to the decree holder, the Court will pay the same, forthwith. 7.

With the observations made above, the present revision petition is disposed of.

(Anil Kshetarpal) Judge September 01, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.09.06 10:37 I attest to the accuracy and integrity of this document