9911796707
TMI Blog2008 (8) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... tment Company Private Limited. The said petition was allowed and a decree was passed by a Special Court by its order dated 8-6-1995. Thereafter, for the execution of the said decree, Miscellaneous Application No. 470 of 1999 was taken out by the Custodian and on that application on 24-11-1999, the Court passed an interim order restraining the Judgment Debtor and its Directors from in any manner dealing with, disposing of, transferring or alienating or encumbering any of their properties. 3. Notice was also issued by the Court to the garnishees who appeared and filed their respective affidavits. In their affidavits, the defence taken was that though they owed various amounts to the Judgment debtor, subsequently shares of different companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court would stand set aside and the garnishee notices would be discharged. It was also indicated that in default of payment of any one instalment or any portion thereof, the appeal would stand dismissed and the impugned order of the High Court would become operative. 6. When the matter was again listed for hearing on 14-11-2007, it was submitted on behalf of the Custodian that there was an error in the decretal amount mentioned, which went unnoticed when the decree was passed and subsequently an application for modification of the Order passed in the Appeal of 20-1-2006 was filed by the Custodian. The said matter was heard at length and ultimately by Order dated 13-3-2008, the decretal amount was corrected to read Rs. 1,59,04,500, tog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad indicated that after taking into account the decretal amount as amended, together with interest as directed by the learned Special Judge, the applicant was directed to pay the balance decretal amount within 30-6-2008, in three equal instalments. Mr. Rao submitted that such a direction virtually amounted to execution of the decree, which was pending execution before the Trial Court. He also submitted that the order of 13-3-2008, having been passed on a contempt application, where the order had been made for payment of the decretal amount only, the inclusion of the interest factor in the order was beyond the scope of the Appeal before this Court. It was submitted that the direction to include the interest in the balance decretal amount pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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