Case Note & Summary
The dispute arose from a civil appeal filed by M/s. Karnataka Patrika (P) Ltd. against Syndicate Bank and others. The Supreme Court heard the matter and noted that an order was previously issued on April 5, 2004, requiring the appellant to deposit Rs. 2,50,000/- to stay the execution of the decree. It was confirmed that this amount had been deposited and invested in a fixed deposit by the Registry of the Court. The counsel for the Syndicate Bank indicated that the appeal could be resolved if the Bank was allowed to withdraw the deposited amount along with accrued interest. The Court appreciated this position and decided to partially allow the appeal, modifying the trial court's decree to reflect that it would be satisfied upon the withdrawal of the deposited amount by the Bank. The Court directed the Registry to release the funds to the Bank within eight weeks, concluding the matter without any order as to costs.
Headnote
A) Civil Procedure - Interim Relief - Stay of Execution - Code of Civil Procedure, 1908 - The court granted a stay of execution of the decree subject to the deposit of Rs. 2,50,000/- by the petitioner, which was subsequently made. The appeal was disposed of with directions for the Bank to withdraw the deposited amount with interest, thereby satisfying the decree (Paras 1-4).
Issue of Consideration
Whether the appeal can be disposed of with a direction for the withdrawal of the deposited amount by the Bank.
Final Decision
The appeal was partially allowed, modifying the trial court's decree to be satisfied upon the Bank's withdrawal of the deposited amount with interest. The Registry was directed to hand over the amount within eight weeks.
Law Points
- Civil procedure
- interim relief
- satisfaction of decree
