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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

An arbitral award dating to 1984 became a court decree and was being executed. During execution, the trial court directed payment of Rs 1.25 crores stated as "admitted". The state challenged this in the High Court, which appointed a Chartered Accountant to verify the calculation. The Supreme Court held the High Court acted beyond jurisdiction. Only the trial court (Executing Court) can determine whether a decree is satisfied under law. The High Court cannot override this by appointing experts or directing recalculation. The appeal was allowed and the High Court's order set aside.

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Execution of Decrees Civil Procedure Jurisdiction Arbitration Section 47 CPC

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