C.R.No.2881 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 22.7.2009 C.R.No.2881 of 2008 State of Punjab and others ...Petitioners Versus Avtar Singh Const. Co. (P) Ltd. ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Ms. Ambika Luthra, AAG, Punjab, for the appellants. Mr. P.S.Rana, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) This order shall dispose of C.R.Nos.2881 of 2008 and 7232 of 2008 filed by judgement-debotor and decree-holder respectively against the order passed by the Executing Court on 29.1.2008. The judgment-debtor is aggrieved against the order directing the judgment-debtor to pay interest though it is agreed that there was no payment of interest in the judgment and decree and against the method of calculation of the decreetal amount. Even if, the interest is to be paid, the amount deposited by the judgment-debtor has to be adjusted towards the principal first. The decree-holder has sought execution of the award dated 4.9.1991 rendered by an Arbitrator, which has been made Rule of Court on 12.12.1992. The appeal against the aforesaid award has been decided. The judgment-debtor has been depositing the amount awarded from time to time in terms of the order passed by the Executing Court. C.R.No.2881 of 2008 2 As per the decree-holder after making adjustments of the amount paid by the judgment-debtor from time to time, still substantial amount is due and payable by the judgment-debtor, whereas as per the judgment-debtor the decreetal amount has been paid. The difference in calculations is on account of adjustments of interest towards the principal first and whether the amount deposited by the judgment-debtor in parts has to be adjusted towards the principal first. The said question has been examined by Hon'ble Supreme Court in Gurpreet Singh Vs. Union of India 2006(8) Supreme Court Cases 457, wherein the principal of adjustment of interest has been explained. In view of the aforesaid judgment, the entire calculations of the due amount arrived at by the decree-holder and by the judgment-debtor require redetermination. Therefore, the impugned order dated 29.1.2008 is set aside. The matter is remitted back to the Executing Court for fresh determination in accordance with law. In view of the above, both the revision petitions are disposed of. Parties through their counsel are directed to appear before the Executing Court on 14.9.2009 for further proceedings. The Executing Court shall be at liberty to redetermine all the questions of adjustments of interest etc. including the liability of the judgment-debtor to pay interest, if any. 22.7.2009 (HEMANT GUPTA) Vimal JUDGE