The Master dismissed an application to modify a previous order granting interest on a decree amount. The court held that an execution court is functus officio and cannot modify its own orders, as it lacks the right to do so outside the appeal or revision process.
Application dismissing unnecessary application for modification of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021
THE MASTER
A.No.2270 of 2021 in E.P.No.49 of 2019
in
O.P.No.559 of 1995 & O.P.No.145 of 1996 Against (O.P.No.682 of 1994 (C.S.No.318 of 1982)
Thiru.K.Raju Sole Proprietor, M/s.R.K.Construction Company, No.A1, R.K.Flats, Jeevanandam Street, Virugambakkam, Chennai 600 092. Now Chennai 600 078.
Petitioner/Decree Holder
Versus
Tamilnadu Housing Board, Rep. by the Executive Engineer, K.K.Nagar Division, Ashok Nagar Shopping Complex, Chennai-600 083 Presently at No.671, TNHB Complex Anna Nagar West Extension, Thirumangalam, Chennai-101. ..Respondent/Judgement Debtor A.No.2270 of 2021:
Mr.Raju, Sole Proprietor, M/s.R.K.Construction Company, No.A1, R.K.Flats, Jeevanandam Street,
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Virugambakkam, Chennai 600 092. Now Chennai 600 078.
..Applicant/Decree Holder
Versus
Tamilnadu Housing Board, Rep. by the Executive Engineer, K.K.Nagar Division, Ashok Nagar Shopping Complex, Chennai-600 083 Presently at No.671, TNHB Complex Anna Nagar West Extension, Thirumangalam, Chennai-600 101. ..Respondent/Judgement Debtor
Application praying that this Hon'ble Court be pleased to modify its orders dated 03.03.2020 by directing the Judgment Debtor to pay interest on the Principal amount ill the date of its ultimate payment.
This Application coming on this day before this court for hearing the court made the following order:-
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Court.
“It is very unfortunate that even after the award reached finality in the year 2007, the judgment debtor is still dragging the matter without complying the Order of this Court and they are not honouring the award which is binding on them. For more than a decade, they have failed to deposit the amount despite the award has reached its finality in the year 2007 itself. If at all any expenditure accrued through the interest, to which the judgment debtor has to be blamed for themselves for such expenditure. If the award amount has been deposited immediately in the year 2007, they would have avoided further interest till the date of realisation. But nobody has taken any steps in this regard to protect the interest of the Housing Board. In such view of the fact, the decree holder is entitled to the amount claimed as per the award. The applicant/judgment debtor is directed to deposit the amount within a reasonable time”.
the decree holder is entitled to the amount claimed as per the award and
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ordered to deposit the amount within a reasonable time. The order was passed on 03.11.2020. Till date the respondent/judgment debtor has not deposited the amount. Now the respondent/judgment debtor is ready with the cheque to pay the decreetal amount. But the Decree holder/applicant wants the interest till date and for that purpose, he has filed this application to modify the order dated 03.03.2020.
portion from the award passed by the Hon'ble Arbitrator on 03.02.1994.
“Hence, in addition to the sum mentioned in para 49 supra, the respondent has to pay the claimant interest at the rate of 18% on Rs.1,18,051/- from 22.12.82 to 03.02.94 i.e. a sum of Rs.2,36,269/-. Further the respondent has to pay the same rate of interest for the principal sum till the date of payment or decree whichever is earlier”
has to be paid till the date of payment. The respondent/judgment debtor is bound by the decree. This court can only execute the decree. There is no
need for any separate order again and again. Further the respondent/judgment debtor has preferred appeal against the order passed in this execution petition. The same was dismissed by the Hon'ble Judge. The order passed by this Court on 03.03.2020 is merged with the order passed by the Hon'ble Judge by way of appeal. So this court cannot modify the same.
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decree. This Court has no right to modify its earlier order. Once an order is passed, it can be amended by way of appeal or revision only and the court which passed an order cannot modify or rewrite its own order. After pronouncing of the order, the Court has become functus officio and the court cannot modify its earlier order. This court reiterates the words pronounced by the Hon'ble Judge that
“if at all any further expenditure or interest is accrued, the Judgment debtor/Respondent has to to blamed himself for his delay. If the amount has been deposited immediately, they would have avoided further interest till realization”.
The application is unnecessary one. Therefore this application is dismissed. No costs.
Sd./-MASTER
08/09/2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
JJ 20/09/2021
1 issue framed by the court
Whether the Master can modify an earlier order passed in an execution petition to grant subsequent interest on the principal amount.
Thiru.K.Raju Sole Proprietor, M/s.R.K.Construction Company
Tamilnadu Housing Board
THE MASTER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
