Allowed

State of Punjab v. Subhash Chander

Punjab & Haryana HC9 Oct 2012CR/6569/2010

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana issued a revision under Article 227 directing the executing court to entertain objections filed by debtors regarding their claim to decree money, staying the sale of their buses during this adjudication.

What did the court decide?

Direction to the executing court to entertain the objections filed by the petitioners and to dispose of them in accordance with law, with a stay on the sale of the attached buses.

State of Punjab Vs Subhash Chander — Execution and Attachment | Punjab & Haryana HC (2012)

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Civil Revision No. 6569 of 2010

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No. 6569 of 2010 Date of decision : October 09, 2012

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State of Punjab and another

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....Petitioners

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versus

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Subash Chander Bagga and another

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....Respondents

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Coram: Hon'ble Mr. Justice L.N. Mittal

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Present : Mr. RS Rawat, Assistant Advocate General, Punjab for the petitioners

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Mr. Sudhir Pruthi, Advocate, for respondent no.1

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L.N. Mittal, J. (Oral)

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In execution petition filed by respondent no. 1 -decree holder, buses of the petitioners/judgment debtors (State of Punjab and Punjab Roadways) have been attached. Vide impugned order dated 7.8.2010, (Annexure P/7), learned executing court has ordered sale of the attached buses.

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Grievance of the petitioners in the instant revision petition filed under Article 227 of the Constitution of India is that the learned executing

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Civil Revision No. 6569 of 2010

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court did not entertain petitioners' objections Annexures P/5 and P/6 under Order 21 Rules 58 and 59 of the Code of Civil Procedure. The petitioners, therefore, want direction to the learned executing court to entertain the aforesaid objections and to decide the same in accordance with law.

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I have heard learned counsel for the parties and perused the case file.

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The dispute is regarding determination of the balance amount, if any, payable by the petitioners to respondent no. 1. The said dispute has to be decided by the executing court. The executing court cannot refuse to entertain the objections sought to be filed by the petitioners. The executing court has to determine the aforesaid matter.

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Accordingly, without entering into merits of the rival claims of the parties, the instant revision petition is disposed of with direction to the executing court to entertain the objections sought to be filed by the petitioners and to dispose of the same in accordance with law. It is expressly made clear that that I have not expressed any opinion regarding the quantum of amount, if any, remaining due to respondent no. 1 from the petitioners. The executing court shall dispose of the objections as expeditiously as possible. Till then, sale of attached buses of the petitioners shall remain stayed.

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Civil Revision No. 6569 of 2010 -3-

State of Punjab v. Subhash Chander

Case brief

What is this about?

What did the court decide?

State of Punjab v. Subhash Chander

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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