CR No.3347 of 2009 1 IN THE HIGH OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3347 of 2009 (O&M) Date of Decision: 25.08.2010 Smt.Surinder Lata ..Petitioner Vs. The State of Haryana & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.J.K.Goel, Advocate, for the petitioner. Mr.Deepak Jindal, DAG, Haryana, for the respondents. --- Vinod K.Sharma,J. (Oral) The petitioner has invoked the supervisory jurisdiction of this court to challenge the order dated 24.1.2009 passed by the learned Executing Court in execution application No.142 of 2002 decided on 24.1.2009. Learned Executing Court took note of the calculation furnished by the decree holder and those furnished by the judgment debtor i.e. Accounts Officer, HUDA. Learned Executing Court held that in the calculation CR No.3347 of 2009 2 furnished by the decree holder, amount of compensation deposited by the State has been appropriated first towards interest and cost and thereafter towards principal. Learned executing court in view of the judgment of Hon'ble Supreme Court in the case of Prem Nath Kapur & Anr. Vs. National Fertilizers Corporation of India Ltd & Ors. 1996 LACC 330, held that the amount was first to be adjusted towards principal, and then towards interest and costs and finally towards solatium. In view of law laid down by Hon'ble Supreme Court, the calculation furnished by decree holder could not be accepted. The learned executing court accepted the calculation filed by the judgment debtor, and dismissed the execution application as satisfied. Impugned order cannot be sustained, as it is now well settled that the amount deposited unless notified for adjustment, is to be first applied towards costs and interest and then to the principal. The impugned order is set aside, with a direction to the learned executing court to redetermine the amount after adjusting the deposited amount first towards cost and interest and then towards principal. The parties through their counsel are directed to appear before learned Executing Court on 26.10.2010. Revision allowed. No costs. (Vinod K.Sharma) 25.08.2010 Judge rp