Magistrate to recall the distress warrant
contending that as he has already undergone the
default sentence, no distress warrant could be
issued. By Annexure ... should not have issued a distress
warrant and when a petition was filed to recall
the distress warrant, it should have been
recalled. Learned counsel
aggrieved by a distress warrant issued by the respondent
corporation on 6th November 2008. By this distress warrant the writ petitioner's
flat ... sold under a distress warrant must be given a
chance of representing his case before the distress warrant is issued. These
principles of natural justice
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
business tour.
Petitioner requested respondent in October, 2003 to clear a
distress warrant of Rs.1,10,000/-, issued by Tehsildar,
Moradabad but he proceeded ... take loan from
Mazhar to clear the warrants. His version in written statement
is that the distress warrants pertained to his mother's case
instead of issuing a warrant for recovery of fine, [Form No.44],
the learned Judicial Magistrate issued a distress warrant as per Form ... only for issuance of a "Distraint Warrant" and not for "Distress
Warrant". Therefore, it is crystal clear that the issuance
which are
12
provided for levying fines and after
execution of distress warrant it is
found that any amount has remained
unpaid the Magistrate ... compliance of the order without
sufficient cause he will issue a
distress warrant for levying the amount
due for every breach of the order
order or
any other direction thereby confirming the order of
issuing distress warrant dated 3.4.2008 passed
learned CJM, Bija.pur in Crl.Misc ... date
of disposal of the Writ was
accepted by the distress
warrant was' the said order the
respon:vdentsAu.:filfidiiifiéjz hudrivder Section
learned counsel for the petitioner would submit
that no distress warrant was issued and the order
sentencing the revision petitioner to simple imprisonment
was therefore ... Tamil
Nadu police did not return the distress warrant after
execution. Since the distress warrant became
impracticable, the applicants were directed to file a
statement
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 ... said order, distress warrant has rightly
been issued. He further submitted that a petition for recall of the
distress warrant is also pending before
Lalpari Devi vs. Rajeshwar Prasad). By the
aforesaid order a distress warrant was issued as the petitioner
failed to deposit ... been deposited by the petitioner on 21.05.2010. If the
distress warrant is only for that purpose, and the petitioner has
deposited the amount subsequent thereto
