This revision challenged the issuance of arrest warrants. The Court dismissed the petition, holding that the grant of three months to satisfy the decree had expired unlawfully unutilized. Consequently, the executing Court was correct in ordering arrest warrants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision 1635 of 2013 Date of Decision : March 14, 2013
Gunbir Singh
.....Petitioner
VERSUS
Brij Lal and another
.....Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr. Gurcharan Singh, Advocate.
T.P.S. MANN, J. (Oral)
The judgment debtor has filed the present revision under Article 227 of the Constitution of India for challenging the order dated 4.3.2013 passed by the executing Court dismissing his objections and ordering issuance of arrest warrants.
It is not in dispute that when the second appeal (RSA 2159 of 2012) filed by the petitioner-judgment debtor came up for hearing before a co-ordinate Bench of this Court, counsel representing him, did not seriously press the said appeal. However, request was made for grant of reasonable time so as to enable the petitioner to satisfy the decree in view of the warrants of arrest having already been issued. In view of the said statement made by the counsel for the petitioner, the appeal was
CR 1635 of 2013 -2-
dismissed on 23.5.2012 as not pressed. However, a direction was issued that the warrants of arrest already issued be not executed for a period of three months and in those three months, the petitioner would satisfy the decree.
The period of three months granted by the Court while deciding the second appeal filed by the petitioner having expired about seven months back and the petitioner having not satisfied the decree, his objections have been rightly declined by the executing Court and as a natural corollary thereof, warrants of arrest, once again, issued. Therefore, there is no merit in the present revision which is, accordingly, dismissed.
March 14, 2013 ajay-1
( T.P.S. MANN ) JUDGE
Gunbir Singh
Brij Lal
T.P.S. MANN
As recorded by the court registry
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