//^ i 1 ^iiS^^II II ^' HIGH COURT OF CHHATTISGARH. BILASPUR Miscellaneous Appeal No.57 of 201 1 M/s. Jaika Automobiles Private Ltd. - Versus - Durg Municipal Corporation Post for Dronouncement of order on 2"a of September. 2011 Sd/- T.P. Sharma Judge ^2^' "^ 1,"':';'31J rf&! '•i^^^^' ./L- . HIGH COURT OF CHHATTISGARH. BILASPUR Miscellaneous Appeal No.57 of 2011 APPELLANT/: (Original Decree Holders) RESPONDENT/: (Original Judgment Debtor) M/s. Jaika Automobiles Private Ltd., a Company incorporated under the Companies Act, 1956 and having its Registered Office at Kingsway, Nagpur.1 Versus Durg Municipal Corporation, Durg, through its Chief Municipal Officer, Durg, Tahsil and Distt. Durg, M.P. (now C.G.) {Misc. (Second) Execution Appeal under Section 47 read with Section 100 C.P.C.} Present: Mr. Rajeev Shrivastava, counsel for the appellant. Mr. Sourabh Sharma, counsel for the respondent. Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORDER (2-9-2011) 1. This is the oldest miscellaneous second civil appeal filed on 15-1-1969, received on transfer from the High Court of Madhya Pradesh after reorganization of the State on the basis of certificate issued under Section 30 of the Madhya Pradesh Reorganisation Act, 2000 by Hon'ble the Chief Justice of the High Court of Madhya Pradesh at Jabalpur, dated 11-4-2011. After receiving Miscellaneous (Second) Appeal No.15/1969, it has been registered as M.A.No.57/2011. ;2. By filing this miscellaneous (second) appeal under Section 47 read with Section 100 of the Code of Civil Procedure, 1908 (for short 'the Code'), as applicable in the year 1969, the appellant has challenged legality and propriety of the order dated 20-9-1968 passed by the 1st Additional District Judge, Durg, in Miscellaneous Civil Appeal No.11/1965, affirming the order dated 30-4-1965 passed by the Civil Judge Class-l, Durg, in Execution Case No.19-A/1961, whereby the application under Order 21 Rule 32 of the Code for taking appropriate action for breach of permanent injunction filed on behalf of the decree holder i.e. the appellant herein against respondent Durg Municipal Council, has been dismissed. ^ 3. Present miscellaneous (second) appeal under Section 47 read with \ \ Section 100 of the Code was maintainabie in accordance with Sections ^ra'r3^., ^..&^ ^ •f,f'£? ' .^-... ^ '^ t'.^'fe :li '-.. "•'.':.^: ^lli lliii inn— 47, 104, 100 and Order 21 Rule 32 ofthe Code before its amendment in theyear1976. 4. I have heard learned counsel for the parties, perused the order impugned and records ofthe Courts below. 5. Initially, decree for permanent injunction restraining the respondent herein from recovery of octroi duty has been passed by the Civil Judge Class-1, Durg in Civil Suit N0.19-A/1961 relating to sale and purchase made beyond the territorial limit of Durg municipal area which Was decided finally by the High Court. Thereafter, application under Order21 Rule 32 of the Code was filed. After providing opportunity of hearing to the parties, learned Civil Judge Class-1 came to the conclusion that the alleged claim of recovery of Rs.49,500-08 ps. did not fall within the ambits of decree for permanent injunction and dismissed the application, same was challenged before the lower appellate court as miscellaneous first appeal and while dismissing the appeal, the lower appellate court has affirmed the order passed by the Civil Judge Class-1 in the execution proceeding. 6. Both the orders impugned and record reveal that demand of octroi duty relating to Rs.49,500-08 ps. was not subject matter in previous civil suits and, therefore, the respondent was not precluded from recovery of such amount and by demanding such duty the respondent has not violated the decree of permanent injunction. While dismissing the application filed under Order 21 Rule 32 of the Code and the first miscellaneous appeal, both the Courts below have not committed any illegality. 1 do not find any substance in the appeal. The appeal is devoid of merit, same is liable to be dismissed and it is hereby dismissed. No order as to costs. Soma Sd/- T.P. Sharma Judge