सर्वोच्च न्यायालय ने निष्पादन न्यायालय के आदेश को रद्द करते हुए कहा-निष्पादन न्यायालयों को सचेत होना चाहिए कि वे एक नयी डिक्री न बना दें

न्यायमूर्ति कृष्ण मुरारी और न्यायमूर्ति एस रवींद्र भट की उच्चतम न्यायालय की खंडपीठ ने आगाह किया है कि निष्पादन न्यायालयों को अपनी व्याख्या को पूरा करने में बहुत सतर्क रहना चाहिए और इस तथ्य के प्रति सचेत रहना चाहिए कि वे एक नया डिक्री नहीं बना सकते हैं औऱ आगे दोहराया है कि निष्पादन न्यायालय को डिक्री यथास्थिति में ही निष्पादित करनी चाहिए।

In light of the same, the Court concluded that "Both the Courts’ interpretation of reading the Agrawals’ consent into the same is clearly an exercise in overreach." Noting that the Apex Court has repeatedly cautioned against the Execution Courts adopting such an approach, the Court was of the considered view that "As is commonly known, the stream cannot rise above its source. Both Courts have, by selectively perusing the emails, altered the terms of the decree to include the loan amount into the agreement consideration. It is also imperative to note that such a reading was despite the clauses in the joint venture agreement entered into between the parties in 2017". Holding that "It is undeniable that an Executing Court can construe a decree if it is ambiguous. However, as in the facts of the case herein, this cannot result in additions (to the terms of the consent, embodied in the email dated 28.03. 2019) which were not agreed upon by the parties, since the decree was drawn on by consent of both parties at admissions stage itself. Both the single judge and Division Bench of the High Court have interpreted the appellants' silence (manifest in their not filing any written statement) as acquiescence to the inclusion of the loan amount, which, is although worthy of adverse inference, cannot be the reason to justify expansion of the decree.", the Court allowed the appeal and set aside the impugned Judgment. 

Case Title: Sanwarlal Agrawal & Ors. v. Ashok Kumar Kothari & Ors.