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Supreme Court of India· 18 September 2026

Is a decree-holder permitted to withdraw a deposit only on furnishing security treated as having received payment in satisfaction of the decree?

NATIONAL SEEDS v. NATIONAL AGRO SEED
2026 INSC 1017
Coram: Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe
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Answer

A decree-holder permitted to withdraw a deposit only on furnishing security is not treated as having received payment in satisfaction of the decree.

No. A decree-holder permitted to withdraw a deposit only on furnishing security is not treated as having received payment in satisfaction of the decree. A deposit is in consonance with Order XXI Rule 1 of the Code only if it is unconditional and the decree-holder is free to withdraw it whenever he pleases; if not, interest continues to run on the amount after the deposit.

Headnote

Arbitration and Conciliation Act, 1996 — s.36 — s.37(1)(b) — Code of Civil Procedure, 1908 — Order XXI Rule 1 — Deposit and payment — Interest cessation — Code of Civil Procedure, 1908 — Order XXI Rule 1 — Interest on court deposits — Held: Interest on a sum deposited pending appeal does not cease unless the deposit is unconditional and freely available for withdrawal. Where withdrawal is permitted only on furnishing security, the deposit is not payment in satisfaction of the decree or award. (¶21, 28) Code of Civil Procedure, 1908 — Deposit and payment — Held further: A deposit is not synonymous with payment and neither extinguishes the debtor's liability nor places the money in the creditor's hands. A decree-holder permitted to withdraw only on furnishing security is not treated as having received payment in satisfaction of the decree. (¶2, 21) Arbitration and Conciliation Act, 1996 — Order XXI Rule 1 — Application to facts — Held further: In this case, the appellant's deposit was conditional and not freely available to the respondent for withdrawal, so it did not conform to Order XXI Rule 1 and the liability to pay interest did not cease. Appeal disposed of; impugned order affirmed. (¶27, 28, 47)

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In the Court's own words
Paragraph 21The issue whether a deposit has been made in consonance with Order XXI Rule 1 of the Code was considered by a three- Judge Bench of this Court[^10] wherein it was held that the real effect of deposit of money in the court is to put the money beyond the reach of parties pending disposal of an appeal. It was further held that if the decree-holder was permitted to withdraw the amount only on furnishing security, means that payment was not made in satisfaction of the decree. In order to make a deposit in consonance with Order XXI Rule 1 of the Code, the same has to be unconditional and decree-holder must be free to withdraw the same whenever he pleases. It was also held that if a deposit is not made in terms of Order XXI Rule 1 of the Code, the interest continues to run on the amount after the deposit.
Acts & Sections
s.36 Arbitration and Conciliation Act, 1996s.37(1)(b) Arbitration and Conciliation Act, 1996Order XXI Rule 1 Code of Civil Procedure, 1908

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Also decided in this judgment
Does interest on a sum deposited pending appeal cease unless the deposit is unconditional and freely available for withdrawal under Order XXI Rule 1?Is a deposit synonymous with payment, extinguishing the debtor's liability or placing the money in the creditor's hands?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections