PAACKININDIA Vs. VSR FOODS AND BEVERAGES PVT LTD

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Bhosale waives service for the respondent. By consent, taken up for final hearing.

(2.) By this petition, the petitioner chal-lenges the order passed by the executing court below Exh. 14 in Special Darkhast No. 212 of 2009. The petitioner is a decree holder. He had filed a summary suit bearing Special Summary Suit No. 58 of 2008 against the respondent for recovery of money. That suit was decreed and the respondent was directed to pay to the plaintiff a sum of Rs. 2,10,270/ together with future interest at the rate of 4% per annum until its realization. Since the respondent did not make the payment, the petitioner filed an execution petition no. 212 of 2009. In the execution petition, the re-spondent made an application at Exh. 14, purporting to be an application under sec-tion 47 read with Order 21, Rule 2 of the Civil Procedure Code. By that application the respondent contended that he had made payments of certain amounts to the petitioner between 26th July, 2004 and 21st January, 2007. The money paid by the respondent to the petitioner fully covered the decreetal amount and the decree was satisfied. No amount was due to the petitiondr. He prayed that he may be given a liberty to produce evidence before the executing Court about the payment made and till then the warrant for execution be stayed.

(3.) The application was allowed by the court by passing the following order.