In a recent judgment, the Hon’ble Supreme Court of India observed and held that it is the manifest duty of the executing court to execute the decree as it stands, without adding anything to it.
The said ratio was delivered by the Supreme Court of India in the matter of M/s Kohinoor Transporters Vs. State of Uttar Pradesh, Civil Appeal No. 8338 of 2018 decided on 21.08.2018.
In the present case, vide an arbitral award dated 20.07.1984, the respondent-state deposited an amount of Rs. 75,65,945 (Rupees Seventy-Five Lakhs Sixty-Five Thousand Nine Hundred Forty-Five Only) towards the decretal debt. The said award was made a Rule of the Court on 30 August 1986 by the Civil Judge, Dehradun and attained finality when the same was dismissed in an appeal.
Whereas, in the course of execution proceedings before the Ld. court of ADJ, the Executing Court directed the respondent to deposit an amount of Rs 1,25,16,969.56 stating that the said amount was ‘admitted’ among them in the calculation sheet.
A Civil Revision Application was filed by the respondent against the order of the Executing court in the High Court, wherein the High Court by its impugned order directed the appointment of Chartered Accountant for consideration of the amount to be paid.
The only issue before this Hon’ble Court was whether the order passed by the Hon’ble High Court was valid.
The Apex Court in the said matter observed that the High Court acted in excess of its jurisdiction by directing the appointment of a Chartered Accountant in a civil revision when under Section 47 of the CPC all questions in regard to the execution discharge or satisfaction of a decree have to be determined by the executing Court.
It was further observed that the Executing Court must execute the decree as it stands without adding anything to it. With respect to the contention of the appellant that there was an admission in regard to the balance of Rs 1.25 crores is sought to be controverted, however the same is a matter which has to be addressed to the executing court in the course of the execution proceedings.