Dismissed

M/S Genexx Chemicals Pvt. Ltd. and Anr. v. Satish Kumar Vij and Ors.

Punjab & Haryana HC22 Sept 2011CR/1747/2011

Case brief

AI extract

What is this about?

The High Court dismissed the revision petition filed to set aside an order rejecting an application to stay execution proceedings. The execution court correctly held that prior partial payment and a promise to pay the balance by a specific date did not constitute a final settlement since the deadline passed. Thus, warrant of arrest remained valid.

What did the court decide?

The revision petition was dismissed affirming the lower court's rejection of the stay application.

M/S Genexx Chemicals Pvt. Ltd. and Anr. Vs… — Execution and Attachment | Punjab & Haryana HC (2011)

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CR No.1747 of 2011 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Revision No.1747 of 2011

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Date of Decision: 22 - 9 - 2011

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M/s GeneXX Chemicals Pvt. Ltd. and another

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....Petitioners

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Satish Kumar Vij and others ....Respondents

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CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

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*******

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Present: Mr.Vikas Mohan Gupta, Advocate for the petitioners.

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Mr.Sudhir Aggarwal, Advocate for the respondents.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 12.2.2011, Annexure P8, passed by the Court of Additional Civil Judge (Sr. Division), Gurgaon.

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A perusal of the impugned order shows that an application dated 6.3.2010, Annexure P6, was filed by the petitioners praying that in view of the compromise, Annexure P1, and order dated 8.2.2010 passed by this Court as per the statements recorded by the High Court, the entire amount has been paid and no amount is due. Application, Annexure P6, and the prayer made by the petitioners was rejected by the trial Court on the

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CR No.1747 of 2011 [2]

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ground that the order dated 8.2.2010, Annexure P4, passed by this Court, no where depicts final settlement between the parties.

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Briefly stated, during the pendency of the appeal, as pleaded the parties had agreed to settle all the disputes, subject to payment of Rs.25.00 lacs by the petitioners. The concluding portion of the compromise, Annexure P1, states that in case the amount of Rs.25.00 lacs is not paid on or before 31.10.2008, the compromise shall stand cancelled and the appeal will be deemed to have been dismissed. It is an admitted fact that the amount was not paid on or before 31.10.2008.

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The petitioners had earlier filed Civil Revision No.5277 of 2009 in which the following order was passed :-

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“By impugned order dated September 7^th 2009 (Annexure P/4), learned Additional Civil Judge (Senior Division) Gurgaon, issued warrants of arrest against the petitioners/Judgment Debtors.

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2. Learned counsel for the petitioners has contended that out of the settled amount of Rs.25 lacs, Rs.20 lacs has already been paid, a fact which has not been refuted by learned counsel for the respondents. He has further submitted that the remaining Rs.5 lacs plus Rs.1 lac as interest, in lump-sum, shall be deposited by the petitioners before the Executing Court on or before 15.02.2010.

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3. In view of the above statement made by learned counsel for the petitioner, this revision petition is allowed and the impugned order is set aside. The Executing Court shall proceed further, in accordance with law.”

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A perusal of the above order reveals that no final settlement had been arrived at between the parties and the Executing Court was asked to proceed further in accordance with law. The part payment of Rs.20 lacs and promise to pay Rs.5 lacs plus Rs.1 lac as interest which was to be

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CR No.1747 of 2011 [3]

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deposited on or before 15.2.2010, was only to ward off coercive action by the trial Court. Thus, the Executing Court had rightly rejected the application.

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Hence, the present revision petition is dismissed.

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( KANWALJIT SINGH AHLUWALIA ) September 22, 2011. JUDGE

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M/S Genexx Chemicals Pvt. Ltd. and Anr. v. Satish Kumar Vij and Ors.

Case brief

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M/S Genexx Chemicals Pvt. Ltd. and Anr. v. Satish Kumar Vij and Ors.

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