Gautam Kumar vs Tripathy Prasad Gupta & Anr on 14 December, 2010

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Jharkhand High Court

Gautam Kumar vs Tripathy Prasad Gupta & Anr on 14 December, 2010

Bench: R.K. Merathia

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P. (C) No. 3901 of 2010
                                    ---
      Gautam Kumar                                                 Petitioner
                                        Versus
       Tripathy Prasad Gupta & another                         Respondents
                                       ---
      CORAM:      The Hon'ble Mr. Justice R.K. Merathia
                                       ---
      For the Petitioner:    Mr. Sunil Kr. Sinha & Mr. S,Piperwall, Advocates
      For the Respondents:Mr. R. Gupta, Advocate
                                       ---
2.14.12.2010

Mr. Sunil Kumar Sinha, learned counsel appearing for the petitioner, submitted that though, a petition for setting aside the ex- parte order was pending, distress warrant has been issued for realization of amount as per the ex-parte order.

2. On the other hand, Mr. Rahul Gupta, learned counsel appearing for the respondents 1 and 2 (father and mother of the petitioner), submitted that in spite of valid service of notice, petitioner did not choose to appear and therefore, ex-parte order has been passed. He further submitted that respondents filed Misc. Case No. 81 of 2009 for execution of ex-parte order in which petitioner appeared and was directed to pay at least 50% of the awarded amount and as he failed to comply with the said order, distress warrant has rightly been issued. He further submitted that a petition for recall of the distress warrant is also pending before the learned court below.

3. In the facts and circumstances of the case, in my opinion, it will be better if the petition for setting aside the ex-parte order is heard and disposed of expeditiously. Parties are directed to appear before the Principal Judge, Family Court, Ranchi on 4th January 2011 and cooperate for early disposal of the proceedings, failing which the Family Court will pass ex-parte order against the non-cooperating party. The Family Court will dispose of the petition filed on behalf of the petitioner for setting aside the ex-parte order as early as possibly and preferably within four weeks from the date of appearance of the parties.

Till a fresh order is passed, distress warrant issued against the petitioner shall be kept in abeyance.

With these observations and directions, this writ petition is disposed of.

(R.K. Merathia, J) Ranjeet/

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