2018 (8) TMI 2123

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..... ders have been passed thereon from time to time. The issue as to whether the decree has been discharged or satisfied has to be determined by the Executing Court Under Section 47 of the Code of Civil Procedure. The Executing Court must execute the decree as it stands without adding anything to it - The High Court has acted in excess of jurisdiction by directing the appointment of a Chartered Accountant, particularly at this stage. The impugned order of the High Court dated 18 September 2017 set aside - appeal allowed.
Dipak Misra, C.J.I. And Dr. D.Y. Chandrachud, J. For the Appellant : Abhay Kumar, Saurabh Mishra, H. Pal Singh and Mukul Kumar, Advs. For the Respondent : Rachna Gupta, Charu Singhal and Vikas Chaudhary, Advs. JUDGMENT 1 .....

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..... gainst the order of the Executing court. During the course of the execution proceedings an order was passed on 3 August 2017 directing the judgment debtor to comply with the earlier order of 6 April 2015, failing which, it was observed "they shall be deemed to be pen held". After this order of the Executing Court, a stay application was moved in the revisional proceedings before the High Court by the State. The High Court by its impugned order directed the appointment of a Chartered Accountant in the following terms: So, I think that notwithstanding the absence of any prayer regarding the appointment of competent persons in this regard, the only recourse which may be helpful to the Court is to appoint a Chartered Accountant in t .....

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..... d an amount of Rs. 75,65,945 was deposited before the Executing Court as far back as on 7 December 2012. It was urged that it is not open to the Executing Court to go behind the decree. 7. Having heard the learned Counsel, we are of the view that the High Court has acted in manifest excess of its jurisdiction while directing the appointment of a Chartered Accountant for the purpose of determining as to whether the decretal debt is to be marked as satisfied. The execution proceeding is pending before the Additional Civil Judge, Dehradun and, as we have noticed, various orders have been passed thereon from time to time. The issue as to whether the decree has been discharged or satisfied has to be determined by the Executing Court Under Secti .....

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