decree. It is stated that though in the instant case the civil court had passed final decree on November 9, 1993, the decree remained unexecuted ... clear that even after obtaining a decree from a civil court and such a decree remained unexecuted, after constitution of DRTs, the bank/financial institution
application was filed by the
decree holder against the judgement debtor. Since it was the contention of the
decree holder that as per award passed ... debtor. Judgement debtor and decree holder were not cooperating with each other
and the order passed by the Forum remained unexecuted, is the observation made
passed.
9. The Court cannot pass a judgment or decree which is unexecutable specially in a Suit for specific performance. Therefore, whether there was valid
certificate issued in pursuance of the said decree was terminated by holding that recovery certificate issued is unexecutable and all the proceedings under the recovery
application was filed by the
decree holder against the judgement debtor. Since it was the contention of the
decree holder that as per award passed ... debtor. Judgement debtor and decree holder were not cooperating with each other
and the order passed by the Forum remained unexecuted, is the observation made
Proceedings closed. The Recovery Certificate may now be recalled unexecuted as the final Order/Decree has been satisfied. [HONABLE MR. JUSTICE N.A.Britto] PRESIDENT
respondents/ Judgment Debtors /Opposite Parties, it will not only
leave the appellants/Decree Holders/complainants, desperate and disillusioned,
but, on the other hand, encourage them ... remains
unexecuted against the respondents/ Judgment Debtors/ Opposite Parties, it will
occasion a great injustice to the
appellants/Decree Holders/complainants. She further submitted that
that once a part of a decree was carried out, no Appeal could lie for the remainder unexecuted part.
The matter was heard from respective
thereby implementation of the agreement unexecutable due to supervening impossibility. In such a situation the court executing the decree cannot be compelled to execute such
respondents have taken the stand that the decrees/awards are unexecutable. It was argued that in fact the final award dated 14.09.1996 also notes ... argued that by harmonious construction of the Arbitration Agreement, the consent decree, the terms of reference and the awards themselves, it is apparent that
