2014 PLP 789 (MLD)

SHAUKAT ALI MEMON, J.

Granted.

2. Granted subject to all just exceptions.

3. The petitioner has assailed the order dated 15-8-2013 passed by IInd Additional District Judge Hyderabad in Civil Revision No.3 of 2013, whereby the learned Judge while dismissing the said revision application upheld the order dated 21-11-2012 of the executing Court, whereby the accounts of the petitioner were attached. Mr. Mumtaz Lashari counsel appearing for the petitioner contends that the petitioner has paid entire decretal amount and therefore, the order directing attachment of petitioner's account for non-payment of interests is bad in law. It was next contended that there was no provision of the interests in the award or the decree which even otherwise is un-Islamic, therefore, the impugned order is liable to be reversed and the order of the executing Court directing attachment of the petitioner's accounts for payment of interests be vacated. We have heard the learned Counsel and have minutely perused the record. It appears that the award subject matter of the case was made rule of Court vide judgment and decree dated 28-7-2008. The petitioner was directed to pay Rs.11033590 within 45 days. The decree further provided that:-- "the contractor (who is respondent before us) shall be paid interest at the rate of 10 percent per anum at the said amount under clause 60(5)(b) of the COC Part-II after the lapse of 45 days as from the date till actual payment is made". The counsel admitted that no timely appeal was filed against this judgment and decree and the one filed on 24-4-2010 i.e. after lapse of almost 21 months was dismissed on 24-4-2012 being hopelessly time barred, and consequently the decree has attained finality. The executing Court consequently proceeded with the execution and on 11-10-2010 passed the following order in respect of payment of interest:- "From the perusal of award, judgment and decree passed by the umpire and this Court it appears that judgment debtor was directed to pay total amount awarded to the contractor is Rs.1,10,33,590 and further directed to judgment debtor to pay interest at the rate of 10% per anum at the said amount under clause 60(5)(b) COC Part II after the lapse of 45 days as from the day of award 5-1-2005, till the actual payment is made but judgment debtor has failed to pay the same upto 21-11-2008 since no appeal or revision against the judgment is pending before any other forum as such execution application of decree holder is allowed and the judgment debtor is hereby directed to pay the interest @ the rate of 10% per anum from 5-1-2005 to 3-2-2009, on the decreetal amount Rs.1,10,33,590 within a period of 45 days". The admitted position appears to be that this order also was never assailed in any proceedings and consequently this order has also attained finality. It further appears from the record that in order to execute the order dated 11th October, 2010, the executing Court vide its order dated 21-11-2012 directed attachment of the petitioner's accounts so that its decree may be executed. The petitioner impugned that order in the Civil Revision No.3 of 2013 subject matter of the instant petition and the learned IInd Additional District Judge, Hyderabad, while observing that neither the decree directing payment of interest was called in question nor the order of the executing Court, whereby the executing Court directed the petitioner to pay specified amount as interests dismissed the revision. We are also of the view that since the decree dated 28-7-2008 directing payment of interest and the order of the executing court dated 11-10-2010 whereby the amount of interest was determined and the petitioner was directed to pay, have attained finality therefore, the subsequent orders to enforce and implement such orders cannot be called in question. In the circumstances, we do not find any illegality in the impugned order and dismiss the instant petition in limine. AG/C-3/Sindh Petition dismissed.