IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 240 of 2010 Date of decision: 28.09.2010 Lal Singh …Petitioner. Versus Central Bank of India & others …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Sunil Chaudhary, Advocate. For the respondents: None. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 17th June, 2010, whereby the objections filed by the petitioner (hereinafter referred to as ‘Judgment Debtor No. 1’) have been dismissed with costs of Rs. 2,000/-. 2. A perusal of the order under challenge shows that the only objections raised were that the rate of interest awarded is more than 6% per annum whereas the agreed rate was only 4% per annum. Further, that the compound interest is being charged and the petitioner was only liable to pay simple interest. 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 3. The suit of the respondent-Bank was decreed against the judgment debtor in the following terms: “It is therefore, in view of fore-going discussion and reasons assigned therein the suit of the plaintiff is ordered to be decreed for recovery of Rs. 74,700/- alongwith future interest at the rate of Rs. 13.50 per annum with quarterly rests from the date of the filing of suit till realization of decreetal amount. The suit is also decreed alongwith cost which the defendants are liable to pay in favour of plaintiff. It is further held that the liability of defendants will be jointly and severally so far the decree is concerned. Decree sheet be prepared accordingly. The file after it’s due completion be consigned to the record room.” 4. It is settled law that the Executing Court cannot go behind the decree. A decree has been passed whereby the Judgment Debtor is liable to pay interest @ 13.50 per annum with quarterly rests. This decree having attained finality, the Executing Court cannot go behind such a decree. Therefore, there is no merit in the petition which is, accordingly, dismissed. (Deepak Gupta) Judge September 28, 2010 (rajni)