PUNJAB STATE AND ORS. versus HARVINDER SINGH

PUNJAB STATE AND ORS. versus HARVINDER SINGH

Interest cannot be granted by the executing court if the same has not been granted by the court passing the decree; the trial court's and High Court's orders granting interest were incorrect and properly set aside by the Supreme Court.

Parties
Appellant: Punjab State and Ors.; Respondent: Harvinder Singh
Jurisdiction
India
Judgment Date
22 February 2008
Procedural Posture
Interlocutory Application in Civil Appeal / Review/reconsideration of Supreme Court's Prior Order
Outcome
Application dismissed
Legal Topics
Execution Proceedings, Grant of Interest by Executing Court, Review of Supreme Court Order
Civil Procedure Execution Proceedings Grant of Interest by Executing Court Review of Supreme Court Order

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Parties

Punjab State and Ors.

Appellant

Harvinder Singh

Respondent

Procedural Posture

Interlocutory Application in Civil Appeal / Review/reconsideration of Supreme Court's Prior Order

Legal Issues

  1. 1 Whether executing court can grant interest on decreetal amount if decree is silent on interest
  2. 2 Whether Supreme Court's prior order requires review for lack of hearing/respondent's illness

Ratio Decidendi

Interest cannot be granted by the executing court if the same has not been granted by the court passing the decree; the trial court's and High Court's orders granting interest were incorrect and properly set aside by the Supreme Court.

Court Disposition

Application dismissed

Orders

  • Interlocutory Application filed by applicant-respondent is dismissed
  • There will be no order as to costs