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august 2018

Supreme Court of India · 2018-08-21

M/S Kohinoor Transporters vs The State Of Uttar Pradesh

Citation / case number
AIR 2018 SUPREME COURT 4138
Court
Supreme Court of India
Petitioner
M/S Kohinoor Transporters
Respondent
The State Of Uttar Pradesh
Author
D Y Chandrachud
Bench
D Y Chandrachud, Dipak Misra

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction by appointing a Chartered Accountant in a civil revision under Section 47 CPC, which mandates that all questions regarding the execution of a decree be determined by the Executing Court. The Court found that there was no challenge to the Executing Court's orders requiring the respondent to deposit the admitted dues, and the High Court's interim order effectively granted final relief. Consequently, the Supreme Court stayed the High Court's order and reaffirmed the authority of the Executing Court in such matters.

M/S Kohinoor Transporters vs The State Of Uttar Pradesh · Niyam