Surat Pal Chauhan vs Diamler Finance Service India Pvt. Ltd. ... on 17 June, 2019

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Himachal Pradesh High Court

Surat Pal Chauhan vs Diamler Finance Service India Pvt. Ltd. ... on 17 June, 2019

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                     CMPMO No.103/2019




                                                                          .
                                     Date of decision: June 17, 2019





    Surat Pal Chauhan                                       .....Petitioner
                            Versus
    Diamler Finance Service India Pvt. Ltd. and another





                                                     ....Respondents

    Coram:
          The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.




          Whether approved for reporting?1
    For the petitionerr         :     Mr. R.S. Chandel, Advocate

    For respondents No.1&2 : Mr. Vipul Dharmani, Advocate

    Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner/judgment debtor has assailed the order passed by the Court of District Judge, Shimla in Execution Petition No.169-S/10 of 2018 titled as Daimler Financial Services India Pvt. Ltd. Versus Surat Pal Chauhan and another, which reads as under:-

"Case called several times before and after lunch. No one appeared on behalf of J.D. No.1. It is already 3.00 P.M. Hence, J.D. No.1 is proceeded against ex-parte. Now, warrant of attachment be issued against the property of J.Ds on taking steps within three days from today for 26.03.2019".

2. Learned counsel for the parties are ad-idem that post passing of the impugned order, on an application filed 1 Whether the reporters of Local Papers may be allowed to see the judgment?

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by the judgment debtor, the order vide which .

the judgment debtor was ordered to be proceeded against ex-parte has been re-called. Judgment debtor has filed objections to the execution petition and the same are still pending before the learned Executing Court.

3. In this view of the matter, this petition is disposed of with the directions that order dated 19.2.2019, which is subject matter of the present petition shall remain in abeyance till adjudication of the objections filed by the judgment debtor in the execution petition.

4. Petition stands disposed of in above terms, so also pending application(s), if any.

(Ajay Mohan Goel), Judge.

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Himachal Pradesh High Court