view, that the conclusions recorded therein, have a pointed and definite reference to the ability of a judgment debtor, to pay off his debt. The conclusion drawn in the above judgment, was with respect to a judgment-debtor, who was unable to pay off his debt. Accordingly it was felt, that an order of detention in prison should not be adopted, to effectuate the execution of the decree. While dealing with the preconditions expressed in the proviso to Section 51 of the CPC, we have already concluded, that the Sahara Group has enormous assets with a huge market and marketable value. It is also clear that after 5.12.2012, the two companies have not deposited a single paisa, in furtherance of the compliance of this Court’s orders (dated 31.08.2012 and 5.12.2012). It is therefore clear, that despite the petitioner (and the other companies) having means to pay, they have unfairly and willfully failed to pay. It is, therefore also clear, that the petitioner in the present case is not similarly situated as the petitioner in Jolly George Verghese’s case (supra). Accordingly reliance placed by the learned counsel for the petitioner on the above judgment, is wholly misconceived.”
