Sanjeev Narula vs Iqbal Singh on 15 May, 2019

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Punjab-Haryana High Court

Sanjeev Narula vs Iqbal Singh on 15 May, 2019

Bench: H.S. Madaan

CR-3218-2019                                                               -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                  CR-3218-2019 (O&M)
                                  Date of decision: 15.05.2019

Sanjeev Narula
                                                                 ...Petitioner
                    Versus

Iqbal Singh
                                                             ...Respondent

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN

Present:      Mr. R.K. Sharma, Advocate
              for the petitioner.

                                  ****

H.S. MADAAN, J. (Oral)

This revision petition is directed against order dated 06.05.2019, passed by Civil Judge (Jr. Divn.) Chandigarh in an execution application, whereby objections under Order 21 read with Section 47 and 151 CPC filed by the petitioner have been dismissed and conditional warrants of arrest have also been ordered to be issued against the petitioner for 28.05.2019.

A perusal of the impugned order goes to show that judgment debtor Sanjeev Narula, who is the revisionist before this Court, had made a statement before the Executing Court that he was ready to pay Rs. 5 lacs on 28.02.2019 and the remaining amount within 50 days thereafter. Such statement was made in the form of an affidavit, but he had paid an amount of Rs. 9 lacs out of the decreetal amount and did not comply with the undertaking given by him. Then, on 10.04.2019, the judgment debtor 1 of 2 ::: Downloaded on - 09-06-2019 22:06:53 ::: CR-3218-2019 -2- had made a statement that he would clear the entire payment by 26.04.2019 but he did not do so. Though, he had informed the Executing Court that he had filed an appeal against the impugned judgment and decree, the execution of which is being sought, but then, admittedly the first Appellate Court has not stayed the operation of the impugned judgment and decree passed by the trial Court. The objections filed by the judgment debtor were not found to be having any merit, as such, were dismissed and his conditional warrants of arrest issued.

I do not see any illegality or infirmity in the impugned order, much less apparent on the face of it, which might have called for interference by this Court while exercising revisional jurisdiction. There being no merit in the revision petition, the same stands dismissed.




15.05.2019                                          (H.S. MADAAN)
sumit.k                                                 JUDGE



             Whether speaking/reasoned :               Yes      No
             Whether Reportable :                      Yes      No




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