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HC directs executing courts in Punjab, Haryana, Chandigarh to place execution deposits in interest-bearing FDs

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In directions applicable to executing courts across Punjab, Haryana and the Union Territory of Chandigarh, the Punjab and Haryana High Court has ordered that all amounts received in execution proceedings be immediately deposited in interest-bearing fixed deposits with nationalised banks instead of being kept idle.Justice Pankaj Jain issued the directions while deciding a civil revision petition arising out of execution proceedings. The petition was directed against an order dated March 11, 2025, passed by the Additional Civil Judge (Senior Division), Safidon, in a matter involving money decrees. The contesting parties before the High Court were decree-holders against the defendants.Holding that litigants should not suffer because money remained with the court during execution proceedings, Justice Jain directed: “This court deems it necessary to direct the Executing Courts in the states of Punjab, Haryana and UT, Chandigarh, that the amounts received in execution proceedings be immediately deposited with nationalised bank instead of keeping them idle. This will ensure that the parties are not at a loss due to act of court.”Justice Jain further ordered: “Money deposited in execution shall be deposited in interest-bearing Fixed Deposits with a nationalised bank. Fixed Deposit should be transferred to the party entitled. Party concerned may withdraw the interest or continue with the fixed deposit.”Explaining the object behind the directions, Justice Jain observed: “Otherwise, the question qua interest for the period amount remaining deposited with Executing Court shall keep on bothering the courts. The act of court shall not prejudice any party.”Before concluding the matter, Justice Jain added it would be failing in its duty without referring to the Supreme Court’s directions in “KL Jattvibeeja case”. Referring to the judgment, Justice Jain observed that the apex court had directed all courts and judicial forums to frame guidelines, mandating that amounts deposited with their offices or registries be placed in banks or financial institutions to ensure that no loss was caused.The Supreme Court had also directed that such guidelines should cover situations where litigants merely filed payment instruments—such as pay orders, demand drafts and banker’s cheques—without seeking any order, and that they should be embodied in appropriate rules or regulations governing courts, tribunals, commissions, authorities and other adjudicatory bodies.Referring to the Supreme Court’s directions, Justice Jain ordered: “Accordingly, the matter be placed before the Chief Justice for framing of necessary guidelines complying with directions issued by the Supreme Court.”What does this meanThe directions are aimed at ensuring that money realised during execution of court decrees does not remain idle with executing courts. Instead, such amounts will now be placed in interest-bearing fixed deposits with nationalised banks until they are released to the successful party. This protects litigants from losing interest merely because the money remains in court custody and seeks to eliminate recurring disputes over who is entitled to interest for the period the funds remain with the court.The ruling also has administrative significance beyond the individual case. Besides directing all executing courts in Punjab, Haryana and Chandigarh to follow this course, the High Court has asked that the matter be placed before the Chief Justice for framing guidelines in compliance with the Supreme Court’s directions in KL Jattvibeeja case. Once formal rules are framed, the practice of investing court-held deposits could become a standard procedure across the High Court’s jurisdiction.

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