Calcutta High Court
Casyab Private Limited vs Central Bank Of India & Anr on 13 April, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee, Siddhartha Chattopadhyay
OD-32
APO No. 133 of 2017
GA No. 3044 of 2015
CS No. 115 of 2006
EC No. 543 of 2014
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
CASYAB PRIVATE LIMITED
Vs.
CENTRAL BANK OF INDIA & ANR.
Appearance
Mr. S.N. Mitra, Sr. Adv.
Mr. Swatarup Banerjee, Adv.
Mr. Samrat Mukherjee, Adv.
Mr. Gautam Chakraborty, Adv.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
AND The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : April 13, 2017.
The Court : Since the appeal is founded on the appellant's misconceived understanding that the executing Court ought to have filled in for the decree passing Court not having awarded interest, the appeal is obviously without any merit.
The executing Court has no authority to improve upon the decree and whatever may be the prejudice suffered by the decree-holder for any delayed payment, the executing Court cannot step in and direct interest to be paid when no such interest is provided for in the decree itself. 2 APO No. 133 of 2017 and GA No. 3044 of 2015 are dismissed with costs assessed at 500 GM.
(SANJIB BANERJEE, J.) (SIDDHARTHA CHATTOPADDHYAY, J.) sg.