Madhya Pradesh High Court
Bhaskar Exxoils Pvt. Ltd. vs Betul Oil Ltd. on 2 April, 2018
THE HIGH COURT OF MADHYA PRADESH
MP-1741-2017
(BHASKAR EXXOILS PVT. LTD. Vs BETUL OIL LTD.)
Jabalpur, Dated : 02-04-2018
Shri Aniruddh Kumar Mishra, learned counsel for the
petitioners.
Shri Abhijeet Awasthi, learned counsel for the respondent.
Petitioners have filed the present petition under Article 227 of sh the Constitution of India challenging the order dated 12/12/2017 passed by the III Additional District Judge, Bhopal by which the e ad warrant for civil prison was issued against the petitioners.
The respondent herein has filed the civil suit for recovery of the Pr amount of Rs. 64,11,014/-. The said civil suit was decreed in favour a of the respondent. The respondent, thereafter filed the execution hy application before the Executing Court to the effect that inspite of the ad notice, petitioners have failed to deposit the said amount, therefore, the Court by the impugned order has issued a warrant for sending the M petitioner in civil prison. Against the said order, petitioner has filed of the present petition.
During the course of arguments, learned counsel for the rt petitioners submits that as per petitioners' account of statement, they ou were required to deposit Rs. 20,58,522/-. C However, learned counsel for the respondent disputed this amount and stated that an amount of Rs. 27,97,325.77/- is required to h ig be deposited by the petitioners as on 31/01/2018. H Learned counsel for the petitioners further submits that petitioners are ready to deposit the amount in installment as there is a dispute with regard to the amount to be deposited and, therefore, I dispose of this petition with a direction to the parties to file their account of statement before the Executing Court and the Executing Court is directed to decide it in accordance with law within a period of two months from the date of receipt of certified copy of this order.
Till the Executing Court decides the matter, the warrant of arrest which is issued against the petitioners shall be kept in abeyance.
After the Executing Court decides the matter, petitioners shall deposit the said amount within a period of three months failing which the warrant of arrest issued against the petitioners shall be revived. With the aforesaid, the petition stands disposed of.
(MISS VANDANA KASREKAR) JUDGE vy sh Digitally signed by VAIBHAV YEOLEKAR Date: 2018.04.04 e 12:52:55 +05'30' ad Pr a hy ad M of rt ou C h ig H