Partly allowed

Anjali Walia v. Shriram Transport Finance Co. Ltd. and Anr.

Himachal Pradesh HC16 Dec 2022CR/205/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh quashed orders directing the sale of the petitioner's property in an execution petition. It granted the petitioner four weeks to comply with the underlying judgment and decree, failing which the executing court may proceed with the sale.

What did the court decide?

Petition disposed; orders dated 24.6.2022 and 15.10.2022 quashed; petitioner granted four weeks to comply with judgment and decree.

Anjali Walia Vs Shriram Transport Finance… — Execution and Attachment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CR No. 205 of 2022 Date of Decision: 16.12.2022

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_____________________________________________________________________ Anjali Walia ……...Petiti Versus
Shriram Transport Finance Co. Ltd. and Anr.

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……...Petitioner Versus …....Respondents

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Coram

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

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For the petitioner: Mr. Naresh Verma, Advocate.

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For the Respondents: Nemo.

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Sandeep Sharma, J. (Oral)

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Having regard to the nature of order proposed to be passed in the instant case, this Court sees no necessity to issue notice to the respondent, and as such, same is dispensed with.

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2. By way of instant petition, challenge has been laid to orders dated 24.6.2022 and 15.10.2022 passed by the learned District Judge in Execution Petition No. 15/2021 Reg No. 16/2021, whereby executing court while ordering for publication of proclamation of sale of the land of the

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petitioner JD also fixed the date for sale of the property towards execution of the judgment and decree.

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3. Having heard learned counsel for the petitioner and perused material available on record vis-à-vis reasoning assigned by the court below, while passing the impugned orders, though this Court finds merit in the same because once petitioner-JD failed to comply with the judgment and decree sought to be executed in accordance with law despite there being repeated opportunities, court below had no option but to put the property to the sale, however, this Court without going into the merits of the case, deems it fit to grant one opportunity of four weeks as prayed for, to the petitioner JD to comply with Judgment and decree sought to be executed in the instant proceedings.

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4. Consequently, in view of the above, orders dated 24.6.2022 and 15.10.2022, are quashed and set-aside and direction is issued to the petitioner-JD to comply with the judgment and decree sought to be executed within four weeks, failing which, no further time would be granted and court below would be at liberty to order for publication of proclamation of sale. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.

Anjali Walia v. Shriram Transport Finance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Anjali Walia v. Shriram Transport Finance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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