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25th July, 2017 M/S S R ENGEERNING CONSTRUCTION ..... Appellant
Through: None.
Through: Mr. Prashanta Varma, Advocate.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. By this execution first appeal the decree holder impugns the order of the executing court dated 18.1.2016 whereby the executing court has dismissed the execution petition with costs of Rs.2,50,000/- for deliberately filing wrong calculations in the court for the amount due under the decree. 2017:DHC:3871 Ex.F.A. No. 6/2016
2. No one appeared for the appellant on the first call. No one appears for the appellant even on the second call.
3. A perusal of the record shows that the appellant/decree holder deliberately calculated interest payable at 18% per annum instead of 9% per annum as granted by the award and resultantly the execution amount was illegally enhanced to Rs.1.70 crores.
4. Learned counsel for the respondent no. 1/Union of India states that on account of the deliberate false calculation the account of the Central Government was wrongly attached on two occasions.
5. The court below has also dismissed the execution petition on account of deliberate wrong calculation, however, I may note that dismissal of an execution petition on technical grounds does not operate as res judicata barring filing of fresh execution petition.
6. In view of the above, there is no merit in the appeal and the same is hereby dismissed. JULY 25, 2017 VALMIKI J. MEHTA, J AK