The High Court closed pending applications regarding Supreme Court directives on debt deposit adjustment without deciding the interest vs. principal allocation issue, directing the execution petition to be listed in four weeks.
Pending applications closed; execution petition listed after four weeks.
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.
1
A.Nos.2007, 2008 & 3318 of 2021 in E.P.Nos.72 & 73 of 2019
C.V.KARTHIKEYAN,J.
An order of Hon'ble Supreme Court dated 22.10.2021 was
placed before me, which is as follows;
"Issue Notice.
The petitioner may deposit the remaining decretal amount before the Executing Court within 6 weeks. However, such amount shall not be disbursed to the respondent during the pendency of the present Special Leave Petitions.
The Executing Court shall transfer the said amount in an interest bearing Fixed Deposit in a Nationalized Bank initially for a period earning maximum interest with autorenewal facility."
2
C.V.KARTHIKEYAN.J.,
mrm
by the decree holder who claims that the said amount should be adjusted towards the outstanding interest, and the principle should remain as a whole and further interest should be calculated on the entire principle amount.
06.09.2022
mrm
A.Nos.2007, 2008 & 3318 of 2021 in E.P.Nos.72 & 73 of 2019
2 issues framed by the court
Whether deposit by petitioner should adjust towards interest or principal.
Whether execution petition remains pending for further Supreme Court directions.
Petitioner
Decree holder
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
