TaxTMI 
TaxTMI 
1996 (3) TMI 130
X X X X Extracts X X X X
X X X X Extracts X X X X
....Dua, Advocate with him), for the appellant. Dr. R.R. Mishra, Senior Advocate (S.N. Terdol and M.T. George, Advocates with him), for the respondents. JUDGMENT Civil Appeal No. 2109 of 1978 : Heard counsel for the parties. Even if it is assumed for the sake of argument that a charge was created by the award made by the arbitrator, it cannot be said to be effective in law. The charge becomes effe....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... The borrower contested the same but ultimately there was a compromise between them. The court made the award a rule of the court in terms of the compromise by its order dated November 24, 1970. Clause (6) of the compromise decree reads thus : "Charge on the properties as ordered by the court on March 26, 1966, will continue till the entire decretal amount is paid in full." For understanding cl....
X X X X Extracts X X X X
X X X X Extracts X X X X
....charge upon the properties as understood under the Transfer of Property Act. What was done was merely to continue the order dated March 26, 1966---order of injunction restraining alienation, etc.---till the entire decretal amount is paid. The court making the award a rule of the court continued the said order till the full payment of the decretal amount. No charge was created under the said order.....