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Ashok Kumar Kothari And 5 Ors vs Sanwarlal Agarwal And 4 Ors on 19 September, 2024

In the case of Rameshwar Dass Gupta Vs. State of U.P. and Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly observed that it is a well settled legal position that an Executing Court cannot travel beyond the order or decree under execution and it gets jurisdiction only to execute the order in accordance with the procedure laid down under Order XXI of the CPC. In the said case, the Hon'ble Supreme Court upheld the order of this Court in setting aside the order directing payment of interest in the case of a decree which did not award interest observing that the Executing Court cannot step out and grant a decree for interest which was not part of the decree for execution on the ground of delay in payment.
Bombay High Court Cites 7 - Cited by 0 - A Ahuja - Full Document

Ashok Kumar Kothari And 5 Ors vs Sanwarlal Agarwal And 4 Ors on 19 September, 2024

In the case of Rameshwar Dass Gupta Vs. State of U.P. and Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly observed that it is a well settled legal position that an Executing Court cannot travel beyond the order or decree under execution and it gets jurisdiction only to execute the order in accordance with the procedure laid down under Order XXI of the CPC. In the said case, the Hon'ble Supreme Court upheld the order of this Court in setting aside the order directing payment of interest in the case of a decree which did not award interest observing that the Executing Court cannot step out and grant a decree for interest which was not part of the decree for execution on the ground of delay in payment.
Bombay High Court Cites 7 - Cited by 0 - A Ahuja - Full Document

Ashok Kumar Kothari And 5 Ors vs Sanwarlal Agarwal And 4 Ors on 19 September, 2024

In the case of Rameshwar Dass Gupta Vs. State of U.P. and Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly observed that it is a well settled legal position that an Executing Court cannot travel beyond the order or decree under execution and it gets jurisdiction only to execute the order in accordance with the procedure laid down under Order XXI of the CPC. In the said case, the Hon'ble Supreme Court upheld the order of this Court in setting aside the order directing payment of interest in the case of a decree which did not award interest observing that the Executing Court cannot step out and grant a decree for interest which was not part of the decree for execution on the ground of delay in payment.
Bombay High Court Cites 7 - Cited by 0 - A Ahuja - Full Document

Ashok Kumar Kothari And 5 Ors vs Kamal Kothari And 9 Ors on 19 September, 2024

In the case of Rameshwar Dass Gupta Vs. State of U.P. and Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly observed that it is a well settled legal position that an Executing Court cannot travel beyond the order or decree under execution and it gets jurisdiction only to execute the order in accordance with the procedure laid down under Order XXI of the CPC. In the said case, the Hon'ble Supreme Court upheld the order of this Court in setting aside the order directing payment of interest in the case of a decree which did not award interest observing that the Executing Court cannot step out and grant a decree for interest which was not part of the decree for execution on the ground of delay in payment.
Bombay High Court Cites 7 - Cited by 0 - A Ahuja - Full Document

Sanwarlal Agarwal And 4 Ors vs Ashok Kumar Kothari And 5 Ors on 19 September, 2024

In the case of Rameshwar Dass Gupta Vs. State of U.P. and Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly observed that it is a well settled legal position that an Executing Court cannot travel beyond the order or decree under execution and it gets jurisdiction only to execute the order in accordance with the procedure laid down under Order XXI of the CPC. In the said case, the Hon'ble Supreme Court upheld the order of this Court in setting aside the order directing payment of interest in the case of a decree which did not award interest observing that the Executing Court cannot step out and grant a decree for interest which was not part of the decree for execution on the ground of delay in payment.
Bombay High Court Cites 7 - Cited by 0 - A Ahuja - Full Document

Sanwarlal Agarwal And 4 Ors. ... vs Ashok Kumar Kothari And 5 Ors on 19 September, 2024

In the case of Rameshwar Dass Gupta Vs. State of U.P. and Another (supra) the Hon'ble Supreme Court has in paragraph 4 clearly observed that it is a well settled legal position that an Executing Court cannot travel beyond the order or decree under execution and it gets jurisdiction only to execute the order in accordance with the procedure laid down under Order XXI of the CPC. In the said case, the Hon'ble Supreme Court upheld the order of this Court in setting aside the order directing payment of interest in the case of a decree which did not award interest observing that the Executing Court cannot step out and grant a decree for interest which was not part of the decree for execution on the ground of delay in payment.
Bombay High Court Cites 7 - Cited by 0 - A Ahuja - Full Document

Western Electricity Supply Company ... vs Ocl Iron & Steel Limited. Mkvj & Vjt ... on 2 December, 2013

43. The proposition laid down in the above judgements to the effect that a mere declaration simpliciter is not capable of being executed is settled law which can not be disputed. But those judgments would not be applicable to the present case as we have held that the judgement of the Tribunal would indicate the nature of mandatory injection.
Appellate Tribunal For Electricity Cites 11 - Cited by 0 - Full Document
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