quashing certificate proceeding as well as order of issuance of
distress warrant dated 22.01.2020 issued by respondent no. 2.
Factual Aspect:
2. The brief facts ... case no. 26/2019. Thereafter, the respondent No. 2 has issued
distress warrant on 22.01.2020 without deciding the objection
filed
below for issuance of distress warrant and the learned Court below passed the order for issuance of distress warrant by the impugned order ... issuing distress warrant. It is further submitted that the Court below committed error in passing the order. As at first instance, distress warrant was issued
again a fresh distress warrant was issued by the
respondents. He submits that issuance of distress warrant against
the petitioner, without receiving of the service ... received by the Certificate Officer. Thereafter,
distress warrant was issued against the petitioner. Similarly again a
distress warrant issued on 28.11.2016 without there being
again a fresh distress warrant was issued by the
respondents. He submits that issuance of distress warrant against
the petitioner, without receiving of the service ... received by the Certificate Officer. Thereafter,
distress warrant was issued against the petitioner. Similarly again a
distress warrant issued on 26.11.2016 without there being
16th June, 2005, whereby and whereunder, the Certificate Officer has issued distress warrant against the petitioner.
2. As the case can be disposed ... Board. Having noticed the same the Certificate Officer issued the impugned distress warrant against the petitioner vide order dated 16th June, 2005.
6. Learned Counsel
application, the prayer was allowed and by order dated 14.8.1997 stayed distress warrant. The petitioner was directed to produce witness and on 28.11.1997, there ... distress warrant and for cancellation of order dated 19.1.97, whereupon learned Court below by order 14.8.97 stayed operation of the distress warrant and also operation
grievance of the writ petitioner is that a straightaway
distress warrant has been issued without providing an
opportunity to file objection as required ... distress warrant, are being kept in
abeyance, till the next date of hearing."
9. The fact about issuance of the distress warrant, without having
upon the Officer-in-Charge, Delha Police Station, Gaya to
execute distress warrant dated 02.05.2025 issued against the
Respondent No.6 in connection with Original ... elapsed, but the
order has not been complied with despite the distress warrant being
issued by the learned Family Judge
impugned order
as against the petitioner herein by issuing distress warrant.
3. Mr. K.P. Deo, learned counsel appearing for the
petitioner contended that ... that
the warrant states that the amount of
arrears of maintenance is from 19.10.1978
the warrant is not void, but the warrant
petitioner, namely, Mohit Jhunjhunwala for staying the order of distress
warrant dated 5.1.2024 passed in Original Maintenance Case No. 68 of 2022
passed ... warrant, substantial amount
has been paid and the petitioner has also submitted that he will continue to
pay maintenance amount in monthly installments, distress warrant
