VidhiSangh

Supreme Court of India · 21/08/2018

M/S KOHINOOR TRANSPORTERS versus STATE OF UTTAR PRADESH

[2018] 10 S.C.R. 12 · 2018 INSC 731

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Summary

The Supreme Court set aside an interim revisional order appointing a chartered accountant to determine satisfaction of an arbitral-award decree. That question belonged to the executing court under Section 47 CPC, which had to enforce the decree as it stood. The Court left the disputed balance and alleged admission for execution proceedings, and requested disposal of the pending revision within three months after its order was placed on record.

Issues

  1. Whether the High Court could appoint a chartered accountant at the interim revision stage to determine satisfaction of the decree.
  2. Which court should decide the disputed balance and satisfaction of the decretal debt.

Provisions considered

Held

Result

Appeal allowed; interim chartered-accountant appointment set aside. Execution questions left to the executing court; High Court requested to dispose of the revision within three months of receipt of the certified order, without costs.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 12.