Supreme Court · 2012 INSC 456 · Decided 5 October 2012
Bharat Heavy Electricals LTD. v. R.S. Avtar Singh & CO.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 456 · [2012] 10 S.C.R. 701
- Case number
- CIVIL APPEAL No. 7239/2012
- Decided
- 5 October 2012
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 34, 3(3)(c)
Headnote
A B Code of Civil Procedure, 1908 - Or.21, r.1 and s.34 - Execution of decree - Amount payable under a decree - C Connotation of - Decree of Court making award passed by the arbitrator its rule - Part-payment of decretal amount by judgment debtor - Applicability of the rule of - Manner of calculation - Held: In stricto sensu, it is the decree which has to be applied in letter and D spirit in order to find out whether the stipulations contained therein were duly fulfilled by the judgment debtor - On facts, both the arbitral award as well as the Rule of the Court
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