2018 (8) TMI 2123

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....ule of the Court on 30 August 1986 by the Civil Judge, Dehradun. The award has attained finality after the High Court of Uttaranchal dismissed an appeal filed by the State on 15 December 2006. The Civil Judge, it may be noted, reduced the rate of interest from 12 per cent to 6 per cent. 2. The Appellant filed an application for execution before the Additional Civil Judge, Dehradun, being Execution Application 27/2010. During the course of the execution proceedings, the Respondent-state deposited an amount of Rs. 75,65,945 towards the decretal debt. In the course of the execution proceedings the Appellant and the state filed their respective statements of calculation in regard to the amount due under the decree of the Court. On 6 April 2015....

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....nts within two weeks. 3. It is this order of the High Court which is challenged in the present proceedings. 4. Notice was issued on 5 January 2018 and the interim order of the High Court was stayed. 5. On behalf of the Appellant it has been submitted that the High Court was manifestly in error in directing the appointment of a Chartered Accountant for three reasons: Firstly, the High Court acted in excess of jurisdiction by directing the appointment of a Chartered Accountant in a civil revision when Under Section 47 of the Code of Civil Procedure all questions in regard to the execution discharge or satisfaction of a decree have to be determined by the Executing Court; Secondly, there was no challenge to either the order dated 6 Apri....