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Supreme Court of India 2018-08-21 allowed

Kohinoor Transporters vs State of Uttar Pradesh

Bench: 2 — D.Y. Chandrachud

In Brief

A dispute arising from a 1980 civil works contract culminated in a 1984 arbitral award, made enforceable by court decree in 1986. During execution proceedings in 2015–2017, the Executing Court directed the judgment debtor to deposit the "admitted" balance of Rs 1.25 crores. The High Court, hearing a civil revision application, directed appointment of a Chartered Accountant to recalculate the debt. The Supreme Court held that the High Court exceeded its jurisdiction: all questions of decree satisfaction fall exclusively under Section 47 CPC within the Executing Court's purview. The High Court cannot redirect such matters to experts or revisit the Executing Court's determinations through revisional proceedings. The appeal was allowed and the High Court's order was set aside.

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Civil Procedure Execution of Decrees Jurisdiction Arbitration

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